4101:8-1-01 Administration.

[Comment: When a reference is made within this rule to a federal statutory provision, an industry consensus standard, or any other technical publication, the specific date and title of the publication as well as the name and address of the promulgating agency are listed in rule 4101:8-43-01 of the Administrative Code. The application of the referenced standards shall be limited and as prescribed in section 102.5 of rule 4101:8-1-01 of the Administrative Code.]

SECTION 101

GENERAL

101.1 Title. Chapters 4101:8-1 to 4101:8-25, 4101:8-29, 4101:8-34, and 4101:8-44 of the Administrative Code are designated as the "Residential Code of Ohio for One-, Two-, and Three-Family Dwellings" for which the designation "RCO" may be substituted. The 2009 edition of the "International Residential Code", first printing, Chapters 2 though 24, 29, and 44 as published by the "International Code Council, Inc." is used as the basis of this document as is incorporated fully except as modified in italic herein. References in these chapters to "this code", to the "residential code", or to the "Residential Code of Ohio" in other sections of the Administrative Code shall mean the "Residential Code of Ohio for One-, Two-, and Three-Family Dwellings".

101.2 Scope. The provisions of the "Residential Code of Ohio for One-, Two-, and Three-Family Dwellings" shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every one-, two-, or three-family dwelling, any appurtenances connected or attached to such buildings or structures, or any accessory structures. No building or its equipment or accessories, to which the rules of the board apply shall be erected, constructed, or installed, except in conformity with the rules of the board.

This code also applies to such other residential occupancies as referenced and to the extent indicated in section 310 of the "OBC".

Exceptions:

1. Manufactured home units constructed under " 24 CFR Part 3280," "Manufactured Home Construction and Safety Standards" and within the scope of the rules adopted by the Ohio Manufactured Home Commission. This exception does not apply to alterations of, additions to, or changes of occupancy of manufactured homes.

2. Multiple single-family dwelling structures more than three stories in height and with more than three dwelling units.

a. The structure of one-, two-, and three-family dwellings which are more than three stories in height shall comply with the structural requirements of the OBC or section 106.5 of this code.

3. Residential buildings attached to occupancies that are within the scope of the OBC shall comply with the requirements of the "OBC".

4. Buildings or structures which are incident to the use for agricultural purposes of the land on which said buildings or structures are located, provided such buildings or structures are not used in the business of retail trade; for the purposes of this section, a building or structure is not considered used in the business of retail trade if fifty per cent or more of the gross income received from sales of products in the building or structure by the owner or operator is from sales of products produced or raised in a normal crop year on farms owned or operated by the seller (see sections 3781.06 and 3781.061 of the Revised Code);

5. Agricultural labor camps;

6. Type A or Type B family day-care homes, except for the inspection required for licensure by the "Ohio Department of Jobs and Family Services (ODJFS)". This required inspection shall be conducted by the certified building department having jurisdiction in accordance with the inspection checklist found on the board of building standard's website.;

7. Buildings or structures which are designed, constructed, and maintained in accordance with federal standards and regulations and are used primarily for federal and state military purposes where the U.S. secretary of defense, pursuant to 10 U.S.C. Sections 18233(A)(1) and 10 U.S.C. Sections 18237 , has acquired by purchase, lease, or transfer, and constructs, expands, rehabilitates, or corrects and equips, such buildings or structures as he determines to be necessary to carry out the purposes of Chapter 1803 of the U.S.C.

8. Sewerage systems, treatment works, and disposal systems (including the tanks, piping, and process equipment associated with these systems) regulated by the legislative authority of a municipal corporation or the governing board of a county or special district owning or operating a publicly owned treatment works or sewerage system as stated in division (A) of section 6111.032 of the Revised Code.

9. Building sewer piping.

101.3 Intent. The purpose of this code is to establish uniform minimum requirements for the erection, construction, repair, alteration, and maintenance of residential buildings, including construction of industrialized units. Such requirements shall relate to the conservation of energy, safety, and sanitation of buildings for their intended use and occupancy with consideration for the following:

1. Performance. Establish such requirements, in terms of performance objectives for the use intended. Further, the rules shall consider the following:

1.1 The impact that the state residential building code may have upon the health, safety, and welfare of the public;

1.2 The economic reasonableness of the residential building code;

1.3 The technical feasibility of the residential building code;

1.4 The financial impact that the residential building code may have on the public's ability to purchase affordable housing.

2. Extent of use. Permit to the fullest extent feasible, the use of materials and technical methods, devices, and improvements which tend to reduce the cost of construction without affecting minimum requirements for the health, safety, and security of the occupants of buildings without preferential treatment of types or classes of materials or products or methods of construction.

3. Standardization. To encourage, so far as may be practicable, the standardization of construction practices, methods, equipment, material and techniques, including methods employed to produce industrialized units. This code does not prevent a local governing authority from adopting additional regulations governing residential structures if the regulations comply with this section.

3.1. A local governing authority shall, and any person may, notify the board of building standards of any regulation the local governing authority adopts related to content within the scope of this code and request that the board of building standards determine whether that regulation conflicts with the state residential building code.

3.1.1. Not later than sixty days after receiving a notice to review local regulations for conflict, the board shall determine, based upon a recommendation from the advisory committee, whether the regulation conflicts with the state residential building code and shall notify any person who submitted the notice and the local governing authority that adopted the regulation of the board's determination.

3.1.2 If the board determines that a conflict does not exist, the board shall take no further action with regard to the regulation. If the board determines a conflict exists and the regulation is not necessary to protect the health or safety of the persons within the local governing authority's jurisdiction, the regulation is not valid and the local governing authority may not enforce the regulation.

3.1.3 If the board determines that a conflict exists and that the regulation is necessary to protect the health or safety of the persons within the local governing authority's jurisdiction, the board shall adopt a rule to incorporate the regulation into the state residential building code. Until the rule becomes a part of the state residential building code, the board shall grant a temporary variance to the local governing authority and any similarly situated local governing authority to which the board determines the temporary variance should apply.

101.4 Reasonable application. The rules of the board and proceedings shall be liberally construed in order to promote its purpose. When the residential building official finds that the proposed design is a reasonable interpretation of the provisions of this code, it shall be approved. Materials, equipment and devices approved by the building officials pursuant to section 114 shall be constructed and installed in accordance with such approval.

SECTION 102

APPLICABILITY AND JURISDICTIONAL AUTHORITY

102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of state or federal law. Municipal corporations may make further and additional regulations, not in conflict with Chapters 3781. and 3791. of the Revised Code or with the rules of the board of building standards. However approval by the board of building standards of any fixture, device, material, system, assembly or product of a manufacturing process, or method or manner of construction or installation shall constitute approval for their use anywhere in Ohio.

102.3 Rules of the board. As provided in division (B) of section 3781.11 of the Revised Code, the rules of the board of building standards shall supersede and govern any order, standard, or rule of the divisions of state fire marshal or industrial compliance in the department of commerce, and the department of health and of counties and townships, in all cases where such orders, standards or rules are in conflict with the rules of the board of building standards, except that rules adopted and orders issued by the fire marshal pursuant to Chapter 3743. of the Revised Code prevail in the event of a conflict.

The rules of the board of building standards adopted pursuant to section 3781.10 of the Revised Code shall govern any rule or standard adopted by the board pursuant to sections 4104.02 and 4105.011 of the Revised Code.

102.4 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.

102.5 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. When a reference is made within the code to a federal statutory provision, an industry consensus standard, or any other technical publication, the specific date and title of the publication as well as the name and address of the promulgating agency are listed in Chapter 44.

Unless specified otherwise in this code, reference to the term "International Residential Code" shall be changed to "residential code"; reference to "International Fire Code" shall be changed to "fire prevention code"; and reference in design and construction provisions to "one-and two-family dwellings" shall be changed to "one-, two-, and three-family dwellings."

Because the "International Code Council" has placed design and construction information throughout its model code documents, including into the fire prevention code, any referenced code requirements relating to the design, construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of every building or structure within the scope of this code, shall be enforced by the residential building official.

Where differences occur between provisions of this code and referenced standards listed in Chapter 44, the provisions of this code shall apply.

102.6 Partial invalidity. In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions thereof, and it shall be presumed that this code would have been adopted without such illegal or invalid parts or provisions.

102.7 Existing structures. The provisions of section 113 shall control the alteration, repair, addition, maintenance, and change of occupancy of any existing structure.

The occupancy of any structure currently existing on the date of adoption of this code shall be permitted to continue without change provided there are no orders of the residential building official pending, no evidence of fraud, or no serious safety or sanitation hazard. When requested, such approvals shall be in the form of a "Certificate of Occupancy for an Existing Building" in accordance with section 111.

Buildings constructed in accordance with plans which have been approved prior to the effective date of this code are existing buildings.

102.8 Non-required work. Any component, building element, equipment, system or portion thereof not required by this code shall be permitted to be installed provided that it is constructed or installed in accordance with this code to the extent of the installation.

102.8.1 Fire protection systems. Non-required fire protection systems shall be installed in accordance with NFPA 13 or NFPA 13D to the extent of the intended installation.

102.8.2 Elevators and lifts. When a non-required elevator is intended to be installed, it shall be designed and installed in accordance with the residential elevator provisions in Chapter 10 of the ANSI A 17.1. Non-required platform (wheelchair) lifts shall be designed and installed in accordance with ASME A 18.1.

102.9 Temporary structures. The residential building official is authorized to issue approvals for temporary structures. Such approvals shall be in the form of a "Certificate of Occupancy for a Temporary Building" in accordance with section 111.1.5. This section does not apply to time-limited occupancies in existing structures. See section 111.1.4 for time-limited occupancies.

102.9.1 Conformance. Temporary structures shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare.

102.9.2 Termination of approval. The residential building official is authorized to terminate approval for a temporary structure and to order the temporary structure to be discontinued if conditions of the approval have been violated or the structure or use poses an immediate hazard to the public or occupants of the structure.

102.10 Work exempt from approval. Approval shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed two hundred square feet ( 11.15 m2) and playground structures.

2. Fences not over six feet (1829 mm) high.

3. Retaining walls which are not over four feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

4. Water tanks supported directly upon grade if the capacity does not exceed five thousand gallons (18 927 L) and the ratio of height to diameter or width does not exceed two to one.

5. Sidewalks and driveways not more than thirty inches (762 mm) above grade and not over any basement or story below and which are not part of an accessible route.

6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

7. Swings and other playground equipment accessory to a one, two, or three-family dwelling.

8. Window awnings supported by an exterior wall which do not project more than fifty-four inches (1372 mm) from the exterior wall and do not require additional support.

9. Decks not exceeding 200 square feet ( 18.58 m2)in area, that are not more than 30 inches (762mm) above grade at any point, are not attached to a dwelling, and do not serve the exit door required by section 311.4.

Electrical:

1. Listed cord-and-plug connected temporary decorative lighting.

2. Reinstallation of attachment plug receptacles but not the outlets thereof.

3. Replacement of branch circuit overcurrent devices of the required capacity and type in the same location.

4. Electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

5. Repairs and Maintenance: Approval shall not be required for minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

Gas:

1. Portable heating, cooking, or clothes drying appliances;

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

3. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

4. Gas distribution piping owned and maintained by public or municipal utilities and located upstream of the point of delivery.

Mechanical:

1. Portable heating appliances;

2. Portable ventilation equipment;

3. Portable cooling units;

4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

6. Portable evaporative cooler.

7. Self-contained refrigeration systems containing ten pounds ( 4.54 kg) or less of refrigerant or that are actuated by motors of one horsepower (746 W) or less.

8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

9. Heating and cooling distribution piping owned and maintained by public or municipal utilities.

Plumbing:

1. The repair of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drain-pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and an approval shall be obtained and inspection made as provided in this code.

2. The clearance of stoppages or the repair of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

102.10.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, an application for approval shall be submitted within the next working business day to the building official.

102.10.2 Minor repairs. Minor repairs to structures may be to residential structures made without application or notice to the residential building official. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

102.11 Building department jurisdictional limitations. A municipal, township, or county residential building department that has been certified by the board of building standards, pursuant to section 103.2, shall enforce provisions of the rules of the board and of Chapters 3781. and 3791. of the Revised Code, relating to construction, arrangement, and the erection of residential buildings or parts thereof as defined in the rules of the board in accordance with the certification except as follows:

1. Fire. The fire chief of municipal corporations or townships, having fire departments, shall enforce all provisions of the rules of the board relating to fire prevention.

2. Health. The department of health, the boards of health of city or general health districts, or the residential departments of building inspection of municipal corporations, townships, or counties shall enforce such provisions relating to sanitary construction.

3. Sewerage and drainage system. In accordance with Section 3781.03 of the Revised Code, the department of the city engineer, in cities having such departments, the boards of health of health districts, or the sewer purveyor, as appropriate, shall have complete supervision and regulation of the entire sewerage and drainage system of the jurisdiction, including the building sewer and all laterals draining into the street sewers. Such department or agency shall have control and supervision of the installation and construction of all drains and sewers that become a part of the sewerage system of the jurisdiction and shall issue all the necessary permits and licenses for the construction and installation of all building sewers and of all other lateral drains that empty into the main sewers. Such department or agency shall keep a permanent record of the installation and location of every drain and sewerage system of the city.

4. Enforcement. This section does not exempt any officer or department from the obligation of enforcing any provision of the rules of the board.

5. State Projects. Certification does not confer any jurisdiction to a certified building department to:

5.1 The construction of buildings by the state of Ohio or on land owned by the state of Ohio including, but is not limited to, its agencies, authorities, boards, commissions, administrative departments, instrumentalities, community or technical college districts, but does not include other political subdivisions.

Exception: Local school district building projects funded by the Ohio school facilities commission in accordance with Chapter 3318. of the Revised Code where the local certified building department is authorized by the board to regulate construction of school facilities.

5.2 Park districts created pursuant to Chapter 1545. of the Revised Code.

Note: The lands owned by Miami university in the city of Oxford and Oxford township in Butler County and leased to private individuals or corporations under the land rent provisions of the Act of February 17, 1809, as set forth at 7 Ohio laws 184, are subject to local certified building department jurisdiction and are exempt from these provisions.

SECTION 103

CERTIFIED RESIDENTIAL BUILDING DEPARTMENTS, PERSONNEL, AND APPEALS BOARDS

103.1 General. Before exercising authority in the enforcement of the rules of the Board and before accepting and approving residential plans, municipal, township and county residential building departments and their required personnel shall be certified by the board of building standards as required in section 3781.10 of the Revised Code.

Applications submitted to the board of building standards for certifications shall be made on prescribed forms according to the provisions of this section.

103.2 Building department certification. 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 residential construction documents, and to make inspections.

103.2.1 Certification types. A political subdivision may seek to enforce the rules of the board by requesting either a certification as a residential building department or a residential sub-building department as required in sections 103.2.1.1 or 103.2.1.2. References in this chapter to "residential department" or "building department", unless specified, shall mean "certified residential building department" or "certified residential sub-building department."

103.2.1.1 Certification as a residential building department.Municipalities, townships, and counties shall enforce the rules of the board in conformity with the law and as described in sections 103.2.1.1.1 and 103.2.1.1.2.

103.2.1.2 Municipalities. Municipalities, in submitting the application described in section 103.2.3, must specify whether the residential department is to be certified to enforce the rules of the board for plumbing and will employ a certified plumbing inspector as required in section 103.3. If a residential department is not to be certified for plumbing, the enforcement shall be done by the local board of health.

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 enforcement duties in accordance with section 103.2.8.

103.2.1.1.2 Counties and townships. Counties and townships, in submitting the application described in section 103.2.3 for certification of a residential building department, are not certified to enforce plumbing provisions or employ plumbing inspectors required in section 103.3. As permitted in section 3703.01 of the Revised Code, county residential 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 residential department will enforce the rules of the board for plumbing and will employ a properly certified plumbing inspector. If, after certification, a county residential building department assumes plumbing code enforcement as required in section 3703.01 of the Revised Code, it shall notify the board.

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 section 103.2.8.

103.2.1.3 Certification as a residential 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 residential sub-building department in conformity with the law and as described in sections 103.2.1.2.1 and 103.2.1.2.2. A residential sub-building department has enforcement exercised on their behalf by another certified political subdivision that will perform all enforcement, reporting, and administrative duties.

103.2.1.3.1 Municipalities. Municipalities, in submitting the application described in section 103.2.3, must specify whether the department is to be certified as a residential sub-building department and shall indicate which certified residential 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 certified residential 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 residential building department certification modified to change its certification from a residential sub-building department to a certified residential building department, or vice versa, in accordance with section 103.2.8.1.

103.2.1.3.2 Counties and townships. Counties and townships, in submitting the application described in section 103.2.3, must specify whether the department is to be certified as a residential sub-building department and shall indicate which certified residential 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 certified residential 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 residential building department certification modified to change its certification from a residential sub-building department and to a residential certified building department, or vice versa, in accordance with section 103.2.8.1.

103.2.2 Building department certification requirements. To qualify for certification, a municipal, township, or county shall comply with the following:

1. Conformity with law. The residential 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 section 103.2.3.

1.1 A political subdivision with a nonresidential building department certified pursuant to OBC section 103.1, qualifies for certification to enforce the Residential Code of Ohio. The political subdivision must submit an application for additional certification in accordance with section 103.2.1. Personnel shall be qualified pursuant to and the department shall comply with the requirements of this section.

2. Required personnel. A certified residential building department or residential sub-building department shall have the following 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. All personnel of municipal, township, or county 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 section 103.3 prior to performing such duties;

2.1Residential building official. The residential building department shall have in its employ or under contract one person appointed by the municipality, township, or county holding a certification as a residential building official.

2.2Residential plans examiner. The residential building department shall have in its employ or under contract at least one person holding a certification as the residential plans examiner.

2.3Residential building inspector. The residential building department shall have in its employ or under contract at least one person holding a certification as a residential building inspector.

2.4Residential 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 appropriate certification as a residential plumbing inspector.

2.5Electrical safety inspector. The residential building department shall have in its employ or under contract at least one person holding certification as an electrical safety inspector.

2.6Backup 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.

2.7Replacement personnel. When required personnel leave the employ of the residential department, permanent replacement personnel shall be designated in accordance with the rules of the Board within one hundred twenty days.

3. Elective personnel. The residential department may elect to have the following personnel certified by the board of building standards pursuant to section 103.3 prior to performing such duties;

3.1Residential mechanical inspector. The residential department may also have in its employ or under contract persons holding a residential mechanical inspector certification.

3.4Electrical plans examiner. The residential department may have in its employ or under contract persons holding a certification as an electrical plans examiner.

4. Contract employees. A municipal corporation, township, or county may contract with a certified residential building department, health district, or with persons, firms, or corporations under contract to furnish services, and meeting the requirements of this rule, to exercise enforcement authority, administer these 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;

5. Residential building department office. The certified 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 residential department contracts for its enforcement services, or is certified as a residential sub-building department, information shall be provided to the public explaining how residential building department services shall be provided;

6. Availability of inspectors. The residential building department shall be staffed so that all residential inspectors are available for requested inspections as required in section 108.1; and

7. Residential building department certification, to be posted. The certificate issued by the board of building standards to a municipal, township, or county residential building department shall be posted in a conspicuous place within the jurisdiction.

103.2.3 Residential building department certification application.Application for certification of a municipal, township, or county residential building department shall be made on a form prescribed by the board of building standards and shall set forth:

1. Copy of the law creating such a residential department.

2. Copy of a resolution requesting certification of the residential building department to enforce the rules of the board.

3. The proposed budget for the operation of such residential department.

4. A chart showing the organization of the residential 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 residential 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 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 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 residential 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. 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.

15. An explanation of how a local appeals process will be established and operate within the jurisdiction.

16. The original of the documents, papers and charts required in paragraphs one to sixteen of this rule shall be filed with the board.

17. 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.

18. If the department is requesting certification as a sub-department, the application must also specify how the public in the jurisdiction with a certified residential 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.

The board shall hold a hearing to take action on the application. The applicant may be present at the hearing to respond to any questions from the board and all interested persons appearing at such hearing may be given an opportunity to comment. The board may establish a separate application form with waived requirements for jurisdictions with certified non-residential building departments seeking residential certification.

103.2.4 Residential 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.

103.2.4.1 Residential building department certification, approval or denial. Following the public 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 subject matters for which the municipal, township, or county residential 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 residential 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 residential certification shall be notified in writing of such denial and the reason therefore and to their rights of appeal pursuant to sections 3781.10 , 3781.101 , and Chapter 119. of the Revised Code.

103.2.5 Residential 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 residential building department.

The list of certified nonresidential and residential 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.

103.2.6 Residential building department certification, reports, and assessment. Certified residential building departments shall submit the following reports and information to the board of building standards:

1. A yearly operational report for the previous year, within ninety calendar days after the end of each calendar year;

2. Written notification of changes in personnel of the building department who enforce the rules of the board, within thirty calendar days after such personnel have been appointed;

3. Replies to any special requests or queries made by the board of building standards, within thirty calendar days of receipt;

4. Copies of revised contracts or agreements, within thirty calendar days after the department creates or changes a contractual relationship with another department or firm.

103.2.6.1 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 one per cent of those fees imposed for approvals, for the acceptance and approval of plans and specifications, and for performing inspections.

103.2.6.1.1 Assessment report. The residential building official shall report on the prescribed form and remit monthly by check, 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 residential building departments under contract to exercise enforcement authority pursuant to section 103.2.1.2, the residential building official shall report and remit to the Board for all certified residential sub-building departments. Checks shall be made payable to the "Treasurer, State of Ohio".

103.2.7 Residential building department certification, revocation or suspension. Upon petition to the board of building standards by any person affected by the exercise of the authority granted under such certification, or by the board on its own motion, in accordance with division (E) of section 3781.10 of the Revised Code, a residential department certification may be revoked or suspended.

103.2.7.1 Residential 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 sections 103.3.6.1.1 and 103.3.6.1.2.

103.2.7.1.1 Complaint process. Upon receipt of a written complaint against a certified residential building department that is substantiated by demonstrable evidence or upon the board's own motion:

1. The board shall decide whether the information submitted warrants causing a formal investigation to be initiated or sending a notice for public hearing as outlined in item 4 below;

2. If a formal investigation is warranted, the certified jurisdiction shall be notified that an investigation has been initiated by the board;

3. Upon completion of the investigation, findings shall be reported to the board.

4. 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:

4.1 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;

4.2 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;

4.3 The board may appoint a hearing officer to conduct a hearing.

4.4 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.

4.4.1. The hearing shall be conducted pursuant to the provisions of sections 3781.10 , 3781.101 , and 119.09 of the Revised Code;

4.5 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.

5. 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.

103.2.7.2 Revocation or suspension. In the event of suspension or revocation of a 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 section 103.2.4.1. The residential 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 residential buildings or for performing inspections for which it has been suspended or certification revoked.

103.2.7.3 Probationary status. In the event of an investigation in which the board decides not to immediately suspend or revoke a residential building department's certification, as outlined in section 103.2.7.2, the board may place the residential department on probationary status for a period of time and require remedial action as the board deems appropriate. During this time the residential 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 residential department's certification for failure to comply with such remedial requirements pursuant to section 103.2.7.2.

103.2.8 Special residential building department requirements.

103.2.8.1 Changes in jurisdictional authority. The residential department shall submit an application to have its existing residential 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. 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.

103.2.8.2 Surrender of residential department certification. The political subdivision shall submit a written notification to the board declaring its intention to surrender its existing residential 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. 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.

103.2.8.2.1 Township certification when a county is or becomes certified. A township may not submit an application pursuant section 103.2 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.

103.2.8.3 Structures with shared jurisdictional authority. When a residential department receives an application for plan approval for a structure or portion of a structure which, when built, would involve shared jurisdictional authority, the residential 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:

1. Determine which other political subdivision(s) has jurisdiction for a portion of the structure;

2. Determine the name and contact information for the residential building official for any other political subdivision(s) which has jurisdiction for a portion of the structure;

3. Determine, with the advice of legal counsel, and after discussion with the residential building official(s) of the other political subdivision(s) identified above, how and by whom code enforcement duties for the project shall be completed;

4. Determine how, when, and which enforcement records shall be provided to the various parties;

5. Determine how paid and pending fees will be assessed and/or shared to prevent duplicative fees and/or enforcement duties; and

6. Establish by whom, when, and to whom the certificate of occupancy shall be issued and distributed.

103.3 Residential building department personnel certification. The residential department shall have personnel qualified to execute the duties required to enforce the rules of the board. Only those certified individuals employed by or under contract with a particular political subdivision are authorized to exercise enforcement authority within that same jurisdiction.

Exception: Inspectors performing residential industrialized unit inspections on behalf of the board of building standards.

103.3.1 Residential building department personnel certification classifications. The certifications issued by the Board of Building Standards for residential departments are as follows:

1. Residential building official.

2. Residential plans examiner.

2.1 Residential plans examiner trainee.

2.2 Electrical plans examiner.

3. Residential building inspector.

3.1 Residential building inspector trainee.

4. Residential mechanical inspector.

4.1 Residential mechanical inspector trainee.

5. Electrical safety inspector.

5.1 Electrical safety inspector trainee.

6. Residential industrialized unit inspector.

7. Residential plumbing inspector.

7.1 Residential plumbing inspector trainee.

103.3.2 Multiple personnel certifications held. A person may hold more than one residential certification.

103.3.3 Conflict of interest. No certified employee or person who contracts for services within the jurisdictional area of a residential department shall perform services for the residential department which would require that person or employee to exercise authority or make an evaluation of any work furnished by him or by a private contractor that employs him on a full-time, part-time, or incidental basis. Further, such employee or person shall not engage in conduct that is prohibited or considered a conflict of interest pursuant to Chapter 102. of the Revised Code.

103.3.4 Seals. No holder of a residential 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.

103.3.5 Experience requirements of the applicant.

1. Only experience directly related to buildings or structures within the scope of groups regulated by the "OBC" or regulated by the "RCO" shall be acceptable for any certification.

2. In addition to the experience described in item 1 above, enforcement, inspection, or plans examination experience performed in compliance with any of the following shall also be acceptable for certification:

2.1 For an agency or jurisdiction outside the state of Ohio enforcing a model residential building code of a national model code organization or a code adopted for residential buildings or structures of the types regulated by the rules of the board; or

2.2 An employee of a certified residential or non-residential building department who is a holder of a board certification other than that for which application is being made. Certified residential building department employees who are applicants for residential plumbing inspector certification and do not comply with section 103.3.5.6 shall enter the plumbing inspector trainee program; or

2.3 Certification by the department of Commerce, division of industrial compliance, as a plumbing inspector when application is made for board certification as a residential plumbing inspector; or

2.4 In evaluating experience of an applicant, the board of building standards shall not credit experience gained while acting in violation of rules adopted by the board to establish equivalent experience. The board of building standards may credit experience which provides knowledge of different construction methods, processes, or types as it determines applicable, but shall not credit construction experience that does not provide required knowledge including, but not limited to, the installation of floor and wall coverings, the installation of roofing materials or roofing systems, or the finishing of concrete.

2.5 Certification by the board as a non-residential building official, master plans examiner, or building inspector.

3. For a residential building, mechanical, or plumbing inspector applicant, one year of the required experience may be obtained through education credit pursuant to section 103.3.12.6.

103.3.5.1 Residential building official. An applicant for a building official certification shall meet one of the following requirements:

1. Ohio registration as an architect or professional engineer;

2. At least five years experience as a residential contractor or non-residential contractor or superintendent with responsibility for obtaining approvals and inspections of structures regulated by the rules of the board; or

3. Experience as specified in section 103.3.5(2).

103.3.5.2 Residential plans examiner. An applicant for a residential plans examiner certification shall meet one of the following requirements:

1. Ohio registration as an architect or professional engineer; or

2. At least five years experience in building design and construction for residential or non-residential buildings or structures regulated by the rules of the board;

3. Experience specified in section 103.3.5(2); or

4. Successful completion of a trainee program pursuant to section 103.3.12.

103.3.5.3 Electrical plans examiner. An applicant for an electrical plans examiner certification shall meet the following requirement:

1. At least five years experience as a full-time electrical safety inspector in a certified building department.

103.3.5.4 Residential building inspector. An applicant for a residential building inspector certification shall meet one of the following requirements:

1. At least three years experience as a contractor or supervisor for residential or non-residential buildings or structures regulated by the rules of the board;

2. At least three years experience as a skilled tradesman for work subject to inspection under a code adopted for buildings or structures regulated by this code or the OBC;

3. Experience specified in section 103.3.5(2); or

4. Successful completion of a trainee program pursuant to section 103.3.12.

103.3.5.5 Residential mechanical inspector. An applicant for a residential mechanical inspector certification shall meet one of the following requirements:

1. At least three years as an HVAC system contractor or supervisor for residential or non-residential buildings regulated by the rules of the board;

2. At least three years experience as a skilled tradesman for HVAC systems and the associated refrigeration, fuel gas, and heating piping for residential or non-residential buildings regulated by the rules of the board;

3. Experience specified in section 103.3.5(2); or

4. Successful completion of a trainee program pursuant to section 103.3.12.

103.3.5.6 Residential plumbing inspector. An applicant for a plumbing inspector certification shall meet one of the following requirements:

1. At least seven years experience as a plumbing contractor or supervisor for residential or non-residential buildings or structures regulated by the rules of the board);

2. At least seven years experience as a skilled tradesman for plumbing work subject to inspection under a code adopted for buildings or structures regulated by this code or the OBC;

3. Experience specified in section 103.3.5(2); or

4. Successful completion of a trainee program pursuant to section 103.3.12.

103.3.5.7 Electrical safety inspector. An applicant for an electrical safety inspector "(ESI)" certification shall meet one of the following requirements:

1. Journeyman electrician or equivalent for four years, two years as an electrician foreman, and two years experience as a building department "ESI" trainee;

2. Journeyman electrician or equivalent for four years and three years experience as a building department "ESI" trainee;

3. Four years experience as a building department "ESI" trainee;

4. Journeyman electrician or equivalent for six years; or

5. An electrical engineer registered in the state of Ohio;

103.3.5.8 Residential industrialized unit inspector. An applicant for a residential industrialized unit inspector certification shall meet one of the following requirements:

1. At least three years experience as a construction contractor or supervisor for residential or non-residential buildings or structures within the scope of groups regulated by the rules of the board, or

2. At least three years experience as a skilled tradesman for work subject to inspection under a code adopted for buildings or structures regulated by this code or the OBC;

3. Experience specified in section 103.3.5(2); or

103.3.6 Examination requirements for certification. Applicants shall furnish evidence of passing the appropriate board approved examinations issued by a national model code organization or testing agency or entity recognized by the board for each residential certification type listed in section 103.3.1. Individuals are not required to have an application on file with the board before they can begin testing. Examinations may be completed before application is made for certification by the board.

Exception: Individuals seeking board certification as a residential building official, plans examiner, or building inspector holding board certification as a non-residential building official, master plans examiner, or building inspector.

103.3.6.1 Interim approval. If, at the time of application for a residential building official, plans examiner, inspector certification, the applicant has not passed the examinations required in this section, but has met all other requirements for the appropriate classification, the board may grant an interim certification for a one-time, eighteen-month period during which the applicant shall pass the prescribed examinations. The interim certification shall expire eighteen months from date of approval if the applicant fails to show evidence of successfully completing the examinations within the interim period.

103.3.7 Personnel certification application, filing and processing.Applications for certification shall be sent to the office of the board. The application shall expire if not approved within one year of receipt by the board.

Each applicant shall also submit, with the application, evidence sufficient to show the board that the applicant is qualified. Such evidence may include proof of the statements made in the application, documentary evidence, affidavits, transcripts, diplomas, published data, photographs, or legible reproductions of the same, or any other documentation.

103.3.7.1 Certification process. Upon receipt of a completed application, the board of building standard's certification committee shall review the application and any recommendation received from the Residential Construction Advisory Committee, and shall 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 personnel committee, the board shall hold a certification hearing to take action on the application. The applicant may be present at the hearing to respond to any questions from the board and all interested persons appearing at such hearing may be given an opportunity to comment.

103.3.7.1.1 Certification, approval or denial. Following the hearing, the board may approve, table pending further review and/or receipt of additional documentation, deny the application for residential certification, or take such other action as the board deems appropriate. If the board requests additional information, failure to submit the requested information within ninety days from the date of the request shall be cause for disapproval of the application by the board. The board may require personal appearance by the applicant at the public hearing. Failure to appear shall at the time and place designated by the board for the public hearing may be cause for disapproval of the application by the board.

If the application is denied, in whole or in part, by the board of building standards, the applicant shall be notified in writing of such denial, the reason for the denial, and their rights of appeal pursuant to sections 3781.10 , 3781.101 , and Chapter 119 of the Revised Code.

103.3.7.1.2 Records. The board shall retain, as a part of applications which have been approved, any or all documents submitted or electronic versions of such documents, which shall be properly marked for identification and ownership.

103.3.7.1.3 Board action. All applications shall be considered individually by the board and the action taken shall be recorded in the minutes, noted on the application form, and the applicant notified as required.

103.3.8 Issuance of certificate and renewal. An appropriate certificate shall be issued to the applicant upon meeting of the qualification requirements of section 103.3, and payment of an initial fee of thirty dollars. The certificate shall state the residential certification classification being approved, expiration date, and limitations, if any, under which it has been issued.

The same fee shall apply to applicants granted interim approval and the term of the certification, if subsequently issued, shall begin on the date of interim approval.

103.3.8.1 Renewal. The certificate holder shall renew at three-year intervals.

103.3.8.2 Applications for renewal. Applications for renewal of a residential certification shall be submitted to the board of building standards at least thirty days prior to the expiration date. In addition to a completed application form prescribed by the board, applicants for renewal shall submit a certification renewal fee of thirty dollars and evidence of having attended board-sponsored required continuing education courses or their board-approved equivalents and successfully completed thirty hours of approved educational courses prior to the expiration of the current certification.

103.3.8.3 Failure to renew. Any individual whose residential certification has expired through failure to renew may obtain a renewal within one year from the date of its expiration provided the holder has met all requirements for renewal, including payment of the renewal fee. All applications for renewal of expired residential certifications shall be processed as renewals during the one year period following expiration. All applications for renewal of expired residential certification submitted more than one year following the expiration shall be processed as a new application. In addition, a holder of an expired residential certification that submits an application for renewal more than one year following the expiration shall also be required to satisfy the continuing education requirements prior to recertification. The holder of a residential certification that has expired shall not perform any duties for which a certification is required.

103.3.9 Continuing education. Holders of board certifications shall attend mandatory continuing education courses and complete a total of at least thirty hours of board approved continuing education in their respective classification prior to the expiration date of the certification.

103.3.9.1 Applications for approval. Applications for continuing education course approval shall be on forms prescribed by the board and submitted at least seven (7) days prior to the meeting of the board's education committee. (A meeting schedule is available on the board of building standards' web page at http://www.com.ohio.gov/dico/BBS.aspx.)

103.3.9.2 Application review. Upon receipt of a complete application for course approval, the board of building standards education committee shall review the application and make a recommendation to the board. Following receipt of the committee's recommendation, the board may approve, table pending further review and/or receipt of additional documentation, deny the application for course approval, or take such other action as the board deems appropriate.

103.3.9.2.1 Course approval.Continuing education course approvals will expire on December 31 of each year. Approved courses will be issued a course approval number with the prefix "BBSyyyy" based on the calendar year of the current code cycle. The instructor or sponsor of any course(s) intended to be taught in a subsequent year, upon or near the expiration date of a current approval, shall resubmit an application for each course requesting an update. If approved, the instructor or sponsor shall receive a new approval and approval number for each course for the subsequent year. Any application for a course update shall be processed administratively as long as the course content has not changed.

103.3.9.3 Course credit. Board approved courses shall establish hour equivalencies for continuing education credit for each of the classifications requested. Course credit shall only be given for training in the respective classification. Courses approved for more than one certification classification may be applied to each certification for which training is required. No credit shall be approved for duplicate courses within the same certification period. Instructors of board approved courses may apply course hours taught toward their own board certification continuing education requirements except for duplicate courses within the same certification period.

103.3.9.4 Approved course sponsor requirements. The following are requirements that apply to all approved continuing education courses:

1. Date(s), time(s), and location(s) the course will be taught shall be provided to the board prior to the course presentation;

2. If course content is modified, the course must be resubmitted for course approval;

3. When promoting an approved course, the instructor shall make full and accurate disclosure regarding course title, course approval number, number of contact hours, certifications for which approval has been given, and all fees to be charged;

4. Course sponsors shall provide participants with a certificate of completion containing the name of the participant, title of approved course, BBS approval number, date and location of session, number of contact hours awarded, certification types for which course is approved, and signature of authorized sponsor or instructor;

5. The sponsors of an approved continuing education course shall provide the board with a legible copy of a list of participants who completed the course including: course name, date, and location of the session;

6. Participants must attend the complete course(s) as presented by the instructor to receive the contact hours approved by the board. No partial credit shall be given to any participant failing to complete the entire course as approved. The sponsor shall verify the participant's attendance and completion of the course; and,

7. The board does not provide retroactive approval for continuing education courses presented prior to submission of an application for approval.

103.3.9.5 Failure to complete. Failure to complete the number of hours required shall result in forfeiture of the certification. It shall be the responsibility of the certificate holder to furnish the board with proof of completion of all board approved courses for which credit is sought.

103.3.10 Residential personnel certification, revocation or suspension. In accordance with division (E) of section 3781.10 of the Revised Code, a residential personnel certification may be revoked or suspended on written complaint to the board of building standards by any person affected by the exercise of the authority granted under such certification, or by the board on its own motion.

103.3.10.1 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:

1. 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 item 4 below;

2. If a formal investigation is warranted, the subject of the investigation shall be notified that an investigation has been initiated by the board;

3. Upon completion of the investigation, findings shall be reported to the board.

4. The board may dismiss the complaint, table the matter for future action, or initiate action to suspend or revoke the residential certification. If the board issues an order to suspend or revoke the certification, it shall:

4.1 Notify the certificate holder of the charges, pursuant to section 103.3.10.2 by certified mail, return receipt requested. The certificate 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 certificate holder that counsel may represent the certificate holder at the hearing. Failure by the certificate 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;

4.2 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;

4.3 The board may appoint a hearing officer to conduct a hearing.

4.4 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.

4.4.1. The hearing shall be conducted pursuant to the provisions of sections 3781.10 , 3781.101 , and 119.09 of the Revised Code;

4.5 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.

5. 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 certificate holder 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.

103.3.10.2 Grounds for revocation or suspension. The board, upon its own motion or upon written complaint of any person affected by the enforcement of the board's rules, the approval of plans and specifications, or the making of inspections, shall investigate the actions of the holder of a certificate if there is an allegation implying one or more of the following:

1. The practice of fraud or deceit in obtaining the certificate;

2. A felony or crime involving moral turpitude;

3. Gross negligence, incompetence, misconduct in performance of duties, or engaging in conduct that is considered a conflict of interest;

4. Failure to complete the continuing education requirements prior to expiration date of the certificate;

5. Violation of the duties described in section 104.

103.3.10.3 Revocation or suspension. In the event of suspension or revocation of a certification, the individual shall no longer hold out to the public or any jurisdiction that the individual is certified to exercise enforcement authority or holds the board certification which has been suspended or certification revoked.

103.3.10.4 Probationary status. In the event of an investigation in which the board decides not to immediately suspend or revoke an individual's certification, the board may place the individual on probationary status for a period of time and require remedial action as the board deems appropriate. During this time the individual shall comply with the training, reporting, auditing, or other remedial action. The board is authorized to revoke or suspend the individual's certification for failure to comply with such remedial requirements.

103.3.11 Elective temporary suspension. Residential certifications may be placed in elective temporary suspension upon written request to and approval by the board. Except for emergency circumstances, requests shall be in writing at least sixty days prior to the residential certification expiration date and supported by satisfactory evidence that the holder is withdrawing from active employment for which the certification is required.

103.3.11.1 Restoring certification. Residential certifications placed in elective temporary suspension for a period of time not to exceed one three-year term following the expiration date may be restored to active status by the board upon written request. The request shall be supported by satisfactory evidence that the holder has completed thirty hours of continuing education for that residential certification and any board-sponsored mandatory training required, or their board-approved equivalents, during the time the residential certification was in suspension prior to the date of reinstatement. Payment of the thirty-dollar renewal fee shall accompany the request.

103.3.11.2 Failure to restore certification. Residential certifications placed in elective temporary suspension for a period of time exceeding one three-year term following the original residential certification expiration date may be restored to active status by the board upon written request supported by evidence of passing of the appropriate examinations prescribed by the board, pursuant to section 103.3.6, and payment of the thirty-dollar renewal fee.

103.3.12 Trainee program requirements. Individuals seeking residential certification as a trainee shall meet the requirements of this section.

103.3.12.1 Trainee applicants. Trainees shall meet the following requirements:

1. A trainee applicant shall be a full-time employee of a political subdivision.

2. A trainee applicant shall be under the direct supervision of a trainee supervisor.

3. A residential building inspector or residential mechanical inspector trainee applicant shall also have at least one year experience as a skilled tradesman for work subject to inspection under a residential or non-residential code adopted for buildings or structures regulated by this code or the "OBC," or shall submit evidence of eligibility for education credit pursuant to section 103.3.12.6.

4. A residential plumbing inspector trainee applicant shall have at least three years experience in the installation of plumbing subject to inspection under either a residential or non-residential code adopted for buildings or structures regulated by this code or the "OBC,", or submit evidence of eligibility for education credit pursuant to section 103.3.12.6.

103.3.12.2 Trainee supervisors. A trainee supervisor shall:

1. Be a full-time employee of the same political subdivision as the trainee and shall be available to the trainee during normal working hours;

2. Currently possess the residential certification for which the trainee is being trained;

3. Be responsible for no more than two trainees at one time and shall immediately notify the board of the trainee(s) under supervision;

4. Notify the board of any change in supervisor or trainee status within thirty days;

5. Supervise, check, and sign the trainee's inspections and reports or a residential plans examiner trainee's plans examinations; and

6. Provide to the board a report documenting at least twenty-five inspections or plans examinations made yearly by the trainee under the direct supervision of the trainee supervisor, with an evaluation of the trainee at the end of the first six months of the program, at the end of one year, and annually afterward.

103.3.12.3 Trainee sponsor requirements. The trainee sponsor (county, township, or municipal corporation) shall:

1. Direct the residential building official to certify to the board that the trainee is a full-time employee of the county, township, or municipal corporation and is under the direct supervision of an individual possessing the residential certification for which the trainee is being trained; and

2. Provide the trainee with a copy of the current rules of the board.

103.3.12.4 Trainee certification. The board shall issue a trainee certification to each applicant who has met the qualification requirements. The certification shall expire four years from the date of applicant approval by the board. After a minimum of two years and upon satisfactory completion of the trainee program pursuant to section 103.3.12.5, the trainee may apply for certification in the respective classification. The trainee certification is not renewable and upon expiration the individual may not reapply as a new trainee for a period of one year.

103.3.12.5 Trainee course and work requirements. A residential building, mechanical, or plumbing inspector trainee shall attend and successfully complete one hundred hours of approved building code education courses. The trainee shall perform at least twenty-five inspections annually while in the trainee program under the direct supervision of the trainee supervisor. The trainee shall also complete the appropriate examination requirements in section 103.3.6 prior to the completion of the trainee program.

A residential plans examiner trainee shall perform at least twenty-five plans examinations yearly under the direct supervision of the trainee supervisor and complete at least one hundred hours of approved continuing building code education courses. The trainee shall also complete the appropriate examination requirements in section 103.3.6 prior to the completion of the trainee program.

103.3.12.6 Education credit. An applicant for a residential building, mechanical, or plumbing inspector, or trainee certification may obtain credit for one year of the required experience through education, if one of the following is met:

1. The applicant shall document nine hundred or more contact hours of training in an Ohio department of education approved vocational education program at the high school or adult level; or

2. The applicant shall document the completion of a baccalaureate degree or an associate degree program in building design or construction.

103.3.12.6.1 Documentation. Supporting documentation may include a certificate of completion, a career passport, a transcript, a college degree or diploma granted by an accredited or state-sponsored institution.

103.3.12.6.2 Vocational educational programs. Education credit shall not be prorated or combined for partial or full credit and shall be awarded only upon successful completion of a specific educational program. Miscellaneous course work or isolated classes shall not be considered.

Vocational instructional programs that are acceptable for credit include:

1. Air conditioning, heating, and ventilation.

2. Carpentry.

3. Electricity.

4. Masonry.

5. Plumbing and pipefitting.

6. Fire fighting.

103.3.12.6.3 Associate degree programs. Technical education instructional programs offering associate degrees include:

1. Architectural/construction technology.

2. Heating and air conditioning technology.

3. Fire science technology.

4. The successful completion of other specific technical education instructional programs offering degrees may be considered by the board if the training is directly related to the design and construction of buildings or structures within the scope of groups regulated by the rules of the board.

103.3.12.6.4 Other programs. The successful completion of other specific vocational instructional programs of a minimum of nine hundred contact hours may be considered by the board if the training is directly related to the design and construction of buildings or structures regulated by the rules of the board.

SECTION 104

DUTIES AND RESPONSIBILITIES

104.1 General. Personnel of residential building departments that have been certified by the board of building standards, pursuant to section 103, shall be responsible for performing the duties described in this section.

104.2 Residential building department personnel duties and responsibilities.Municipal, township, or county residential building departments certified by the board shall have personnel qualified to perform the enforcement duties and responsibilities described in this section.

104.2.1 Residential building official. The residential building official is responsible for the enforcement of the rules of the board and of Chapters 3781. and 3791. of the Revised Code relating to the construction, arrangement, and the erection of residential buildings or parts thereof and may perform duties outlined in this section and in sections 104.2.2.1 and 104.2.3.1 below. All residential building officials shall conduct themselves in a professional, courteous, impartial, responsive, and cooperative manner. Residential building officials shall be responsible to assure that a system is in place to track and audit all projects, to assure that all residential building department personnel perform their duties in accordance with this section, and for the overall administration of a residential building department as follows:

104.2.1.1 Applications and plan approvals. The residential building official shall receive applications, examine or cause the submitted construction documents to be examined, ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code, and shall issue plan approvals for the construction, erection, alteration, demolition, and moving of buildings and structures.

104.2.1.2 Orders. The residential building official shall issue all orders in accordance with section 109 to ensure compliance with this code.

104.2.1.3 Inspections. If the plans for the erection, construction, repair, alteration, relocating, or equipment of a building are subject to inspection by the residential building official, under section 108, the residential building official shall make such inspections as the building official is authorized to make or shall cause to be made such inspections, investigations, and determinations as are necessary to determine whether or not the work which has been performed and the installations which have been made are in conformity with the approved construction documents.

104.2.1.4 Residential department records. The residential building official shall keep official records of applications received, certificate of plan approvals issued, notices and orders issued, certificates of occupancy, and other such records required by the rules of the board of building standards. Such information shall be retained in the official permanent record for each project. One set of approved residential construction documents shall be retained by the residential building official for a period of not less than one hundred eighty days from date of completion of the permitted work, or as required by the residential department's document retention regulations.

104.2.1.5 Department reports. The residential building official shall be responsible for the submission of reports and any requested special information to the board of building standards as required in section 103.2.6. Failure to submit these reports in a timely manner as required by rule or by special request or inquiry of the board of building standards may be grounds for board action as described in section 103.3.10.

104.2.2 Residential plans examiners. A residential plans examiner is responsible for the examination of construction documents in accordance with section 107, within the limits of their certification, to determine compliance with the rules of the board and may perform duties outlined in this section and in section 104.2.3.1 below. All residential plan examiners shall effectively communicate the results of their plan review to the owner or the owner's representative and the residential building official. A residential plans examiner shall conduct themselves in a professional, courteous, impartial, responsive, and cooperative manner.

104.2.2.1 Residential plans examiner. A residential plans examiner is responsible for the examination of all types of residential construction documents to determine compliance with the rules of the board.

104.2.2.1.1 Residential plans examiner trainee. A residential plans examiner trainee is responsible for the examination of all types of residential construction documents to determine compliance with the rules of the board under the direct supervision of an individual holding a residential plans examiner certification.

104.2.2.1.2 Electrical plans examiner. An electrical plans examiner is responsible for the examination of construction documents related to electrical systems to determine compliance with the rules of the board.

If the department does not have in its employ or under contract persons holding the electrical plans examiner certification, then the examination of the construction documents for compliance with the electrical provisions of the code shall be done by the residential plans examiner.

104.2.3 Residential inspectors. A residential inspector is responsible for performing inspections and determining that work, for which they are certified to make inspections, is performed in compliance with the approved residential construction documents. All residential inspectors shall inspect the work to the extent of the approval given when residential construction documents were approved by the residential building official and for which the inspection was requested. All residential inspectors shall effectively communicate the results of their inspections as required by section 108, and shall conduct themselves in a professional, courteous, impartial, responsive, and cooperative manner.

104.2.3.1 Residential building inspector. A residential building inspector is responsible to determine compliance with the approved residential construction documents in accordance with section 108.

A residential building inspector trainee is designated to determine compliance with approved residential construction documents, in accordance with section 108, under the direct supervision of an individual holding a residential building inspector certification.

104.2.3.2 Residential plumbing inspector. A residential plumbing inspector is responsible to determine plumbing system compliance with approved residential construction documents in accordance with section 108.

A residential plumbing inspector trainee is designated to determine plumbing system compliance with approved residential construction documents, in accordance with section 108, under the direct supervision of an individual holding a residential plumbing inspector certification.

104.2.3.3 Electrical safety inspector. An electrical safety inspector is responsible to determine electrical systems compliance with approved construction documents in accordance with section 108.

An electrical safety inspector trainee is designated to determine electrical systems compliance with approved construction documents, in accordance with section 108, under the direct supervision of an individual holding an electrical safety inspector certification.

104.2.3.4 Elective inspectors. Residential building departments may elect to employ inspectors designated as responsible for making inspections to determine that work is performed in compliance with approved construction documents certified as follows:

104.2.3.4.1 Residential mechanical inspector. A residential mechanical inspector is responsible to determine compliance with the approved residential construction documents for heating, ventilating and air conditioning (HVAC) systems, and the associated refrigeration, fuel gas, and heating piping systems in accordance with section 108.

If the residential department does not have in its employ or under contract persons holding the residential mechanical inspector certification, then the enforcement of the mechanical provisions shall be done by the residential building inspector;

A residential mechanical inspector trainee is designated to determine compliance with the approved residential construction documents for heating, ventilating and air conditioning (HVAC) systems, and the associated refrigeration, fuel gas, and heating piping systems, in accordance with section 108, under the direct supervision of an individual holding a residential mechanical inspector certification.

104.2.4 Liability. Liability of certified residential building department personnel for any tortious act will be determined by Ohio courts to the applicable provisions of Chapter 2744. of the Revised Code.

SECTION 105

APPROVALS

105.1 Approvals required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, or change the occupancy of a residential building or structure, or portion thereof, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical, plumbing system, other residential building service equipment, or piping system the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the residential building official of a certified residential building department and obtain the required approval.

105.1.1 Nonconformance approval. When residential construction documents are submitted which do not conform with the requirements of the rules of the board, such documents may be approved by the residential building official provided such nonconformance is not considered to result in a serious hazard and the owner or owner's representative subsequently submits revised residential construction documents showing evidence of compliance with the applicable provisions of the rules of the board. In the event such residential construction documents are not received within thirty days, the residential building official shall issue an adjudication order revoking the plan approval.

105.1.2 Conditional approval. When residential construction documents are submitted which cannot be approved under the other provisions of this rule, the residential building official, may at the request of the owner or owner's representative, issue a conditional plan approval when an objection to any portion of the residential construction documents results from conflicting interpretations of the code, or compliance requires only minor modifications to the building design or construction. No conditional approval shall be issued where the objection is to the application of specific technical requirements of the code or correction of the objection would cause extensive changes in the building design or construction. A conditional approval is a conditional license to proceed with construction or materials up to the point where construction or materials objected to by the agency are to be incorporated into the building. The conditions objected to shall be in writing from the residential building official which shall be an adjudication order denying the issuance of a license and may be appealed in accordance with section 3781.19 of the Revised Code.

In the absence of fraud or a serious safety or sanitation hazard, all items previously examined shall be conclusively presumed to comply with Chapters 3781. and 3791. of the Revised Code and the rules of the board. Reexamination of the residential construction documents shall be limited to those items in the adjudication order. A conditional plan approval is not a phased plan approval.

105.1.3 Previous approvals. This code shall not require changes in the residential construction documents, construction or designated occupancy of a structure for which a lawful approval has previously been issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within one year of the approval of residential construction documents. One extension shall be granted for an additional year if requested by the owner at least ten days in advance of the expiration of the approval and upon payment of any fee not to exceed one hundred dollars.

If, after the start of construction, work is delayed or suspended for more than six months, the approval is invalid. Two extensions shall be granted for six months if requested by the owner at least ten days in advance of the expiration of the approval and upon payment of any fee for each extension not to exceed one hundred dollars.

105.1.4 Phased approval. The residential building official shall issue an approval for the residential construction of foundations or any other part of a building, structure, or building service equipment before the residential construction documents for the whole building, structure or building service equipment have been submitted, provided that adequate information and detailed statements have been filed complying with applicable requirements of this code. The holder of such approval for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that an approval for the entire structure will be granted. Such approvals shall be issued for various stages in the sequence of construction provided that all information and data required by the code for that portion of the building or structure has been submitted. The holder of a phased plan approval may proceed only to the point for which approval has been given.

105.2 Validity of approval. The construction, erection, and alteration of a building, and any addition thereto, and the equipment and maintenance thereof, shall conform to required plans which have been approved by the residential building official, except for minor deviations which do not involve a violation of the rules of the board. In the absence of fraud or a serious safety or sanitation hazard, any residential structure built in accordance with approved plans shall be conclusively presumed to comply with Chapters 3781. and 3791. of the Revised Code and the rules of the board.

Exception: Industrialized units shall be constructed to conform to the plans approved by the board.

105.3 Expiration. The approval of plans or drawings and specifications or data in accordance with this rule is invalid if construction, erection, alteration, or other work upon the building has not commenced within twelve months of the approval of the residential construction documents.

One extension shall be granted for an additional twelve-month period if requested by the owner at least ten days in advance of the expiration of the approval and upon payment of a fee not to exceed one hundred dollars.

105.4 Extension. If in the course of construction, work is delayed or suspended for more than six months, the approval of residential construction documents is invalid. Two extensions shall be granted for six months each if requested by the owner at least ten days in advance of the expiration of the approval and upon payment of a fee for each extension of not more than one hundred dollars.

105.5 Certificate of plan approval. After residential construction documents have been approved in accordance with section 107, the residential building official shall furnish the owner/applicant a certificate of plan approval.

105.5.1 Content. The form of the certificate shall be as prescribed by the residential building official and shall show the serial number of the certificate, the address at which the building or equipment under consideration is or is to be located, the name and address of the owner, the signature of the residential building official who issued the certificate, and such other information as is necessary to facilitate and ensure the proper enforcement of the rules of the board.

105.5.2 Duplicate issued upon request. Upon application by the owner, the residential building official shall issue a duplicate certificate of plan approval to replace a lost or destroyed original.

SECTION 106

CONSTRUCTION DOCUMENTS

106.1 Submittal documents. Residential construction documents and other data shall be submitted in two or more sets with each application for an approval. Before beginning the construction of any building for which construction documents are required under section 105, the owner or the owner's representative shall submit construction documents to the residential building official of a certified residential building department for approval. When construction documents have been found to be in compliance with the rules of the board of building standards in accordance with section 107 by a certified residential building department, that determination of compliance shall be deemed sufficient to obtain approval for construction pursuant to section 105.2 and the residential building official shall issue the certificate of plan approval. Construction documents for the installation of industrialized units shall be submitted to the residential building official for approval in accordance with the provisions of section 106.1.4.

106.1.1 Professionally prepared construction documents. Construction documents which have been prepared by a registered design professional who prepared the same as conforming to the requirements of the rules of the board pertaining to design loads, stresses, strength, and stability, or other requirements involving technical analysis, need be examined only to the extent necessary to determine conformity of such residential construction documents with other requirements of this code.

106.1.2 Residential fire protection system construction documents.Residential construction documents for fire protection systems authorized to be submitted by individuals certified pursuant to Chapter 4101:2-87 of the Administrative Code shall:

1. When submitted under the signature of an individual certified under section 3781.105 of the Revised Code, be processed in the same manner as construction documents submitted under the signature of a registered design professional. Any statistical data, reports, explanations, plan description, or information that would not also be required for a similar submission by a registered design professional need not be submitted by a certified designer.

2. If certified by a registered design professional or individual certified under section 3781.105 of the Revised Code as conforming to requirements of the rules of the board pertaining to design loads, stresses, strength, stability, or other requirements involving technical analysis, be examined by the building department official only to the extent necessary to determine conformity of such construction documents with other requirements of this Code.

3. Indicate thereon the individual installing the fire protection systems who shall be certified by the fire marshal pursuant to section 3737.65 of the Revised Code. In the event that the installer is not known at the time of plan approval, partial plan approval shall be granted subject to subsequent submission by addendum of the name of the qualified installer prior to installation of any part of the fire protection systems.

106.1.3 Information on construction documents. Residential construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the residential building official. Construction documents shall be coordinated and of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code. Construction documents, adequate for the scope of the project, shall include information necessary to determine compliance with this code.

1. Index. An index of drawings located on the first sheet;

2. Site plan. A site plan showing a north orientation arrow, the size and location of new residential construction and all existing structures on the site, all property and interior lot line locations with setback and side yard dimensions and distances from buildings to lot lines, the locations of the nearest streets, the established street grades, the locations, types and sizes of all utility lines, the location of any fences, and the elevations of all proposed finished grades; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The residential building official is authorized to waive or modify the requirement for a site plan when the application for approval is for alteration or repair or when otherwise warranted.

2.1Residential buildings or structures located in flood hazard areas. Construction documents submitted for residential buildings or structures located in communities with identified flood hazard areas, pursuant to section 1612, shall include the current FEMA "Flood Hazard Boundary Map" (FHBM), "Flood Insurance Rate Map" (FIRM) or "Flood Boundary Floodway Map" (FBFM) for the project location. The required site plan shall include building elevations using the same datum as the related flood hazard map. The owner shall be responsible for the compliance with local flood damage prevention regulations for additional critical elevation information for the project site. The elevation certification and dry flood proofing certification, when required for buildings or structures located in communities with identified flood hazard areas, shall be submitted to the residential building official.

2.2Site accessibility plan. For structures of four or more dwellings, information in plan view and details shall be submitted indicating compliance with the accessibility provisions of this code for the exterior of the building in addition to any accessible features of the interior. When applicable, the plans shall include: the exterior accessible route between all facilities required to be connected; ramp locations and elevations along the exterior accessible route; number of and details for the required accessible van and car parking spaces and passenger loading areas; location and detail of required accessibility signage; grade/topographic elevations before and after proposed grading when site impracticality is intended to be applied.

3. Floor plans. Complete floor plans, including plans of full or partial basements and full or partial attics. Floor plans must show all relevant information such as door swings, stairs and ramps, windows, shafts, all portions of the means of egress, etc., and shall be sufficiently dimensioned to describe all relevant space sizes. Wall materials shall be described by cross-hatching (with explanatory key), by notation, or by other clearly understandable method. Spaces must be identified by how each space is intended to be used;

4. Exterior wall envelope. The residential construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves, or parapets, means of drainage, water-resistive membrane, all elevations necessary to completely describe the exterior of the residential building including floor to floor dimensions, and details around openings.

5. Sections. Cross sections, wall sections, details including typical connections as required to fully describe the residential building construction showing wall, ceiling, floor and roof materials. Residential construction documents shall describe the exterior wall envelope in sufficient detail to determine compliance with this code.

6. Structure. Complete structural description of the residential building including size and location of all structural elements used in the design of the residential building and other data as required to fully describe the structural system;

7. Ratings. The fire-resistance ratings of all structural elements as required by this code, data substantiating all required fire-resistance ratings including details showing how penetrations will be made for electrical, mechanical, plumbing, and communication conduits, pipes, and systems, and the materials and methods for maintaining the required structural integrity, fire-resistance rating, and firestopping;

8. System descriptions. Description of the mechanical, plumbing and electrical systems, including: materials; location and type of fixtures and equipment; materials, and sizes of all ductwork; location and type of heating, ventilation, air conditioning and other mechanical equipment; and all lighting and power equipment;

9. Additional information. Additional graphic or text information as may be reasonably required by the residential building official to allow the review of special or extraordinary construction methods or equipment.

106.1.3.1 Fire protection system drawings. Construction documents for the fire protection system(s) shall be submitted to indicate conformance with this code and shall be approved prior to the start of system installation.

106.1.3.2 Manufacturer's installation instructions. Manufacturer's installation instructions, as required by this code, shall be available on the job site at the time of inspection.

106.1.4 Industrialized units. When construction includes the use of industrialized units approved by the board, documentation shall be provided to the building official describing how they are to be used. Before these items are installed or used, the following shall be submitted:

1. A copy of the construction documents approved by the board; and

2. Details pertaining to on-site interconnection of modules or assemblies.

Exception: When construction includes the use of industrialized units for one-, two-, and three- family dwellings and their accessory structures, the documents shall be provided to the residential building official. If no residential department is certified in a jurisdiction, construction documents for one-, two-, or three-family dwellings comprised of industrialized units are not required to be submitted for approval.

106.1.4.1. Definitions.

Closed construction. An assembly of materials or products manufactured in such a manner that its structural, plumbing, electrical, environmental control, or fire protection elements or components are concealed and are not readily accessible for inspection at the site of its erection, without disassembly, damage, or destruction. Closed construction includes assemblies where only one of the components is not accessible for inspection. (For example, an accessory srtucture where all the electrical conductors and components are exposed for inspection and its roof and wall panels have exposed structural members but the floor panel structural members are not exposed.)

Industrialized units. Industrialized units are prefabricated components comprised of closed construction manufactured at a location remote from the site of intended use and transported to a building site for its subsequent use. Industrialized units are not restricted to housing for one-, two-, and three-family dwellings, but includes all prefabricated forms of building elements and assembled construction units, intended for both structural and service equipment purposes in all buildings of all groups. Prefabricated shop assemblies may be shipped in structurally complete units ready for installation in the building structure or in knock-down and packaged form for assembly at the site.

106.1.4.2 General terms. Such terms as heart modules or cores, modules, modulars, service cores, prefabs, sectional or sectionalized, panels or panelized construction, and specific terms including "prefabricated-subassembly, -building, -unit, -unit service equipment" shall be considered industrialized units. They may be self-sufficient or interdependent as a unit or group of units and used together or incorporated with standard construction methods to form a completed structural entity.

For a complete description of the Ohio industrialized unit program refer to OBC Section 113.

106.2 Evidence of responsibility. Required residential construction documents, when submitted for review as required under section 107, shall bear the identification of the person primarily responsible for their preparation.

106.3 Amended construction documents. If substantive changes to the residential building are contemplated after first document submission, or during construction, those changes must be submitted to the residential building official for review and approval prior to those changes being executed. The residential building official may waive this requirement in the instance of an emergency repair, or similar instance.

106.4 Alternative materials and methods of construction and equipment. For approval of a device, material or assembly that does not conform to the performance requirements in this code, section 114 shall apply.

106.5 Alternative engineered design. The design, documentation, inspection, testing and approval of an alternative engineered system shall comply with sections 106.5.1 to 106.5.3.

106.5.1 Design criteria. An alternative engineered design shall conform to the intent of the provisions of this code and shall provide an equivalent level of quality, strength, effectiveness, fire resistance, durability and safety. Materials, equipment or components shall be designed and installed in accordance with the manufacturer's installation instructions.

106.5.2 Submittal. A registered design professional shall indicate on the application that the system is an alternative engineered design. The approval and permanent approval records shall indicate that an alternative engineered design was part of the approved installation. Where special conditions exist, the residential building official is authorized to require additional construction documents to be prepared by a registered design professional.

106.5.3 Technical data. The registered design professional shall submit sufficient technical data to substantiate the proposed alternative engineered design and to prove that the performance meets the intent of this code.

SECTION 107

PLAN APPROVAL PROCESS

107.1 Plan review required. Where the rules of the board are applicable under section 101.2, before a residential building or addition to a residential building is constructed or erected, and before a residential building is altered or relocated, or residential building equipment is installed, or a resubmission of construction documents is required or received, residential construction documents relating to the work and equipment under consideration shall be prepared in conformity with section 106 and be submitted to the residential building department for examination and approval.

107.2 Application for plan approval. To obtain a plan approval, the owner or the owner's representative shall first file an application in writing on a form furnished by the residential building department for that purpose. Such application shall:

1. Identify and describe the work to be covered for which application is made for approval.

2. Describe the land on which the proposed work is to be done, street address or similar description that will readily identify and locate the proposed building or work.

3. Be accompanied by residential construction documents and other information as required in section 106.3.

4. Be signed by the owner, or the owner's authorized agent.

5. Give such other data and information as required by the residential building official.

6. Identify and clearly indicate whether the project or portion of a project intends to utilize an industrialized unit.

7. Identify and clearly indicate whether the project or portion of a project intends to utilize an assembly of individually listed or labeled products.

107.2.1 Time limitation of application. The approval of construction documents under this section is a "license" and the failure to approve such construction documents as submitted within thirty days after filing or the disapproval of such construction documents is an "adjudication order denying the issuance of a license" requiring the opportunity for an "adjudication hearing" as provided by sections 119.07 to 119.13 of the Revised Code and as modified by sections 3781.031 and 3781.19 of the Revised Code. In accordance with section 109, an adjudication order denying the issuance of a license shall specify the reasons for such denial.

If residential construction documents have been reviewed for compliance with the rules of the board, an adjudication order has been issued to the owner and the owner's representative, and the owner has neither exercised the right to appeal pursuant to section 110 nor resubmitted corrected documents, the application is invalid six months from the date of the issuance of the adjudication order.

107.3 Order of plan review. Residential construction documents submitted for approval shall be examined for compliance with the rules of the board in the order received, unless otherwise consented to by the building owners affected by deferred examination.

107.4 Review of plans. When residential construction documents have been submitted to the residential building department for review and approval, the building official shall review as appropriate or shall cause the residential construction documents to be examined for compliance with the rules of the board by assigning the examination duty to an appropriately certified individual. The residential building official or plans examiner shall first determine whether the construction documents are adequate as required in section 106.

107.4.1 Inadequate construction documents. If residential construction documents are determined to be incomplete or inadequate for examination, the residential plans examiner shall report the findings to the residential building official. The residential plans examiner shall examine the construction documents to the extent possible and identify what information from section 106 is missing and needed to complete the required examination. Upon receipt and review of the report, the residential building official shall proceed as required in section 107.6.

107.4.2 Resubmitted documents. If residential construction documents are resubmitted in response to an adjudication order, the review for compliance shall be limited to determining that the item of non-compliance, and any work affected, has been corrected and shall not be deemed to authorize another review of unmodified construction documents previously determined to comply.

107.4.3 Sealed construction documents. Residential construction documents, if prepared by an Ohio registered design professional to conform to the requirements of the rules of the board pertaining to design loads, stresses, strength, and stability, or other requirements involving technical analysis, need be examined only to the extent necessary to determine conformity of such construction documents with other requirements of the rules of the board.

107.5 Plan review, compliance with rules of the board. If the residential construction documents are determined to comply with the rules of the board, the residential plans examiner shall communicate the findings and recommend the conditions and type of approval to the residential building official.

107.5.1 Residential building official approval. The residential building official shall evaluate the residential plans examiner's recommendations. When the residential construction documents have been determined to conform to the applicable provisions of the rules of the board, the residential building official shall endorse or stamp such plans as approved and issue the certificate of plan approval in accordance with section 105.5.

107.5.2 Posting. The certificate of plan approval shall be posted in a conspicuous location on the site. The owner and the contractor shall preserve and keep the certificate posted until the final inspections have been completed.

107.6 Plan review, items of noncompliance. When the residential construction documents are examined and items of noncompliance with the rules of the board are found, the residential building official shall proceed as required in either section 107.6.1 or section 107.6.2.

107.6.1 Communication process for items of non-compliance.

1. Item(s) of non-compliance shall be communicated to the owner or the owner's representative and the following options shall be offered:

1.1 The owner will revise the construction documents and resubmit to the department.

1.2 The items of noncompliance will not be brought into compliance and will be referred to the residential building official as indicated in item 4 below.

2. The owner or the owner's representative shall indicate which option (item 1 above) will be exercised.

3. Notations of the communication shall be made on a plan review record. The notations shall include the residential plans examiner's name, the date of the communication with the owner or the owner's representative, the observed items of noncompliance, the code citation related to the item(s) of noncompliance, the action necessary to correct the item(s) of noncompliance, the option chosen by the owner or the owner's representative, the name of the person communicated with, and the estimated dates of compliance and resubmission, if applicable.

4. If the owner or the owner's representative indicates that the work will not be brought into compliance with the rules of the board or requests an adjudication order, the residential plans examiner shall report to the building official in accordance with section 107.6.2.

107.6.2 Residential building official determination of noncompliance. The residential building official shall evaluate the results of the plans examination and render a final determination as to whether the items of non-compliance are to be communicated to the owner in the form of an adjudication order complying with section 109. The residential building official shall also determine whether any approvals are possible, and issue the appropriate approval as described in section 105.

107.7 Approved residential construction document sets. One set of approved residential construction documents shall be kept by the residential building official. The other set(s) shall be returned to the applicant, kept at the work site, along with manufacturers' installation instructions and product information, and shall be available for use by the residential inspectors.

SECTION 108

INSPECTION PROCESS

108.1 General. After residential construction documents have been approved, construction or work may proceed in accordance with the approved documents. Construction or work for which an approval is required shall be subject to inspection. It shall be the duty of the owner or the owner's duly authorized representative to notify the residential building department when work is ready for inspection. Access to and means for inspection of such work shall be provided for any inspections that are required by this code.

It shall be the duty of the owner or the owner's authorized representative to cause the work to remain accessible and exposed for inspection purposes. Such construction or work shall remain accessible and exposed for inspection purposes until the work has been inspected to verify compliance with the approved construction documents, but failure of the inspectors to inspect the work within four days, exclusive of Saturdays, Sundays, and legal holidays, after the work is ready for inspection, allows the work to proceed.

Subsequent work is allowed to proceed only to the point of the next required inspection.

108.2 Required inspections. At the time that the certificate of plan approval is issued, the residential building official shall provide to the owner, or the owner's representative, a list of all required inspections for each project. The required inspection list shall be created from the applicable inspections set forth in sections 108.2.1 to 108.2.14. The residential building official, upon notification from the owner or the owner's agent that the work is ready for inspection, shall cause the inspections set forth in the required inspection list to be made by an appropriately certified residential inspector in accordance with the approved residential construction documents.

108.2.1 Lot line markers required. Before any work is started in the construction of a residential building or an addition to a residential building to which the rules of the board are applicable under section 101.2, all boundary lines shall be clearly marked at their intersections with permanent markers or with markers which are offset at a distance which is of record with the owner.

108.2.2 Footing or foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with "ASTM C 94", the concrete need not be on the job.

108.2.3 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab and under-floor reinforcing steel and building service equipment, conduit, insulation, vapor retarder, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.

108.2.4 Lowest floor elevation. The elevation certification required in section 322 shall be submitted to the residential building official.

108.2.5 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.

108.2.6 Lath or gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or before gypsum board joints and fasteners are taped and finished.

Exception: Gypsum board that is not part of a fire-resistive assembly or a shear assembly.

108.2.7 Fire-resistant penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies shall not be concealed from view until inspected and approved.

108.2.8 Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 11 and shall include, but not be limited to, inspections for: envelope insulation "R" and "U" values, fenestration "U" value, duct system "R" value, infiltration air barriers, caulking/sealing of openings in envelope and ductwork, and "HVAC" and water heating equipment efficiency.

108.2.9 Testing of residential building service equipment. Inspections shall be made of all residential building services equipment to ensure that it has been installed in accordance with the approved construction documents, the equipment listings, and the manufacturer's installation instructions. Inspections shall include, but not be limited to, inspections for the following systems and their associated components: mechanical heating and ventilating systems, mechanical exhaust systems, plumbing systems, fire protection systems, and electrical systems.

108.2.10 Other inspections. In addition to the inspections specified above, the residential building official is authorized to make or require other inspections of any residential construction work to ascertain compliance with the provisions of this code.

Where applications are submitted for projects of unusual magnitude of construction, the building official may require inspections or full-time project representation by a registered design professional or inspection agency. This inspector/project representative shall keep daily records and submit reports as required by the building official.

Exception: Where the building official requires full-time project inspection, the installation of a fire protection system may be inspected by a person certified under section 3781.105 of the Revised Code. The person shall be certified in the appropriate subfield of fire protection systems being inspected - automatic sprinkler, fire alarm, or special hazards systems design.

108.2.11 Inspections, compliance with construction documents. When an inspector from the department having jurisdiction finds that completed work is in accordance with the approved construction documents, the inspector shall communicate the findings to the owner's on-site representative, shall make a note of the satisfactory inspection on an on-site inspection record and in the inspector's log, and communicate the findings to the building official. The building official, after review of the findings, shall issue the certificate of occupancy in accordance with section 111.

108.2.12 Industrialized unit inspections. If the project will include the use of industrialized units approved by the board, the residential building official shall cause inspections to be made for on-site construction to complete the installation of the industrialized unit in conformance with the applicable provisions of the rules of the board. Such inspections shall include:

1. Connection to on-site construction, interconnection of modules, connection to utilities. The inspections and conducting of required tests shall not require the destruction or disassembly of any factory-constructed component authorized by the board.

2. Inspection of the unit for damage resulting from transportation, improper protection of exposed parts from inclement weather or other causes. Damage shall be repaired as required by the residential building official to comply with the applicable provisions of the rules of the board;

3. Inspection of the unit to determine if it is marked by an insignia furnished by the board; and

4. Inspect the unit to determine if the floor plan, exterior elevations, and exposed details are in conformance with the construction documents approved by the board.

108.3 Inspection agencies. The residential building official is authorized to accept reports of approved inspection agencies, provided such agencies are approved in accordance with the rules of the board of building standards.

108.4 Right of entry. The residential building official, or the residential building official's designee, is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that credentials are presented to the occupant and that entry is requested and obtained. Where permission to enter has not been obtained, is denied, or the residential building official has probable cause to believe that there exists in a structure or upon a premises a condition which is a serious hazard, the residential building official shall proceed as required in section 109 and shall also have recourse to the remedies provided by law to secure entry.

108.5 Inspections, compliance with residential construction documents. When an individual certified to make inspections from the residential department having jurisdiction finds that completed work is in accordance with the approved residential construction documents, the certified individual shall communicate the findings to the owner's on-site representative and shall make a note of the satisfactory inspection on an on-site inspection record and in the residential inspector's log.

108.6 Inspections, observation of violations, unsafe conditions, or serious hazards. When an individual certified to make inspections from the residential department having jurisdiction finds that any work in connection with the location, erection, construction, repair, alteration, moving, or equipment of a residential building is contrary to the approved residential construction documents for the same, the residential building inspector shall proceed as required in either section 108.6.1 or 108.7.

108.6.1 Communication process for work contrary to approved construction documents.

1. Communicate the nature of the differences to the owner or the owner's on-site representative and offer the following options

1.1 The owner will bring the item of noncompliance into compliance,

1.2 The owner will revise the construction documents and resubmit to the residential department,

1.3 The items of noncompliance will not be brought into compliance and will be referred to the residential building official as indicated in item 4 below.

2. The owner or the owner's on-site representative shall indicate which option (item 1 above) will be exercised

3. Notations on the on-site inspection record and in the residential inspector's log shall be made. The notations shall include the name of the certified individual authorized to make the inspections, the date of the inspection, the type of inspection, the observed items of noncompliance, the option chosen by the owner or the owner's on-site representative, the name of the person communicated with, and the estimated dates of compliance and follow-up inspections, if applicable.

4. If the owner or the owner's on-site representative indicates that the work will not be brought into compliance with the approved residential construction documents, the individual certified to make inspections shall submit a report to the residential building official for the final determination of noncompliance in accordance with section 108.7.

108.6.2 Observation of violations not shown on plans. If an individual certified to make inspections, in the course of performing the assigned or requested inspections, observes a code violation that was either shown incorrectly or not adequately addressed or detailed in the approved residential construction documents, the certified individual shall communicate the finding to the residential building official so that the residential building official can make a determination of whether the code violation is of such significance to warrant communicating the finding to the owner or the owner's representative as a recommended change.

108.6.3 Observation of unsafe conditions or serious hazards. If an individual certified to make inspections, in the course of performing the assigned or requested inspections, observes an unsafe condition or a serious hazard, the certified individual shall communicate that condition to the owner or the owner's on-site representative and shall report the findings immediately to the residential building official so that the residential building official can make a final determination of whether the violation constitutes a serious hazard which requires the issuance of an adjudication order as required in section 109.

108.6.4 Industrialized units, observations of noncompliance. When an individual certified to make inspections from the residential department having jurisdiction finds that a residential industrialized unit has been constructed contrary to the residential construction documents approved by the board, the certified individual shall report the nonconformance to the residential building official. The residential building official shall notify the board of all violations of section 108.2.13. The board or its designee and the residential building official shall determine the corrective action to be taken before the residential building is approved to be occupied.

108.7 Residential building official determination of noncompliance. The residential building official shall evaluate any report of items of noncompliance and render a final determination as to whether the items of non-compliance are to be communicated to the owner in the form of an adjudication order complying with section 109. The residential building official shall also determine whether any approvals are possible.

108.8 Testing of residential building service equipment. Building service equipment shall be tested as required in the applicable code or referenced standard. Advanced notice of the test schedule shall be given to the building official. The residential building official may require that the tests be conducted in the presence of the building official or certified residential inspector. Testing and inspection records shall be made available to the residential building official or inspector, upon request, at all times during the fabrication of the systems and the erection of the building.

108.8.1 New, altered, extended or repaired systems. New systems and parts of existing systems, which have been altered, extended, renovated or repaired, shall be tested as prescribed herein to disclose leaks and defects.

108.8.2 Apparatus, material and labor for tests. Apparatus, material and labor required for testing a system or part thereof shall be furnished by the owner or the owner's representative. Required tests shall be made by the owner and shall be conducted at the expense of the owner or the owner's representative.

108.8.3 Reinspection and testing. Where any work or installation does not pass an initial test or inspection, the inspector shall proceed as outlined in section 108.6.

Section 109

Orders, Violations, and Unsafe Buildings

109.1 Adjudication orders required. When the residential building official denies any approval or takes action in response to findings of non-compliance, such action shall be initiated by issuing an adjudication order, prior to seeking any remedy, civil or criminal. Every adjudication order shall:

1. Clearly identify the section of law or rules violated;

1.1 Clearly identify, in a contrasting and obviously marked manner, all violations related to accessibility.

2. Specifically indicate which detail, installation, site preparation, material, appliance, device, addition, alteration to structures, residential construction documents, assemblages or procedures are necessary to change to comply with the order;

2.1 When issued to stop work, the order shall also clearly indicate the specific work that is required to cease, when the work must cease and the conditions under which the cited work will be permitted to resume. The order to stop work shall be given to the owner of the property involved, to the owner's agent and the person doing the work.

3. Include notice of the procedure for appeal and right to a hearing if requested within thirty days of the mailing of the order. The order shall also indicate that, at the hearing, the owner may be represented by counsel, present arguments or contentions orally or in writing, and present evidence and examine witnesses appearing for or against the owner;

4. Specify a reasonable period of time in which to bring the item(s) on the order into compliance;

5. Include the signature of the residential building official;

6. The order shall be sent by certified mail, return receipt requested, to the owner and any individual designated as a representative or agent by the owner in such matters.

109.2 Response to orders. The person receiving an order shall exercise their right to appeal within 30 days of the mailing of the order, comply with the order, or otherwise be released from the order by the residential building official.

109.3 Prosecution and penalties. When an owner fails to comply with section 109.2, the owner may be prosecuted and is subject to a fine of not more than five hundred dollars as provided for in section 3791.04 of the Revised Code.

109.3.1 Unlawful continuance. Failure to cease work after receipt of an order to stop work is hereby declared a public nuisance.

109.4 Unsafe buildings. Structures or existing equipment that are unsafe or unsanitary due to inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life, shall be deemed a serious hazard. Where a residential building is found to be a serious hazard, such hazard shall be eliminated or the residential building shall be vacated, and where such residential building, when vacated, remains a serious hazard, it shall be razed.

109.4.1 Orders, injunction proceedings. Where the residential building official finds that a residential building is a serious hazard and the owner of such building fails, in the time specified in an order from the residential building official, to eliminate such hazard, or to vacate or raze the residential building, the residential building official shall proceed under section 3781.15 of the Revised Code.

109.4.2 Restoration. Where the residential structure or equipment is determined to be unsafe by the residential building official, it is permitted to be restored to a safe condition. To the extent that repairs, alterations or additions are intended to be made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with this chapter.

SECTION 110

APPEALS

110.1 Hearing and right of appeal, local board of building appeals. In order to hear and decide appeals of orders, decisions, or determinations made by the residential building official relative to the application of this code, there shall be a local appeals process established within the certified jurisdiction. Adjudication hearings shall be in accordance with sections 119.09 to 119.13 of the Revised Code, as required by section 3781.031 of the Revised Code.

SECTION 111

CERTIFICATE OF OCCUPANCY

111.1 Approval required to occupy. No residential building or structure, in whole or in part, shall be used or occupied until the residential building official has issued an approval in the form of a certificate of occupancy. The certificate of occupancy shall indicate the conditions under which the residential building shall be used. The building owner shall only use the structure in compliance with the certificate of occupancy and any stated conditions. The residential structure and all approved building service equipment shall be maintained in accordance with the approval. When a residential building or structure is entitled thereto (constructed according to the approved construction documents, final tests and inspections are completed, and no orders of the building official are outstanding, or as permitted in this section), the residential building official shall issue a certificate of occupancy in a timely manner.

111.1.1 New residential buildings. A residential building or structure erected shall not be used or occupied, in whole or in part, until the certificate of occupancy has been issued by the residential building official. Occupancy of spaces within a residential building which are unaffected by the work of work shall be allowed to continue if the residential building official determines the existing spaces can be occupied safely until the completion of the work.

111.1.2 Residential building alterations or additions. A residential building or structure enlarged, extended or altered, in whole or in part, shall not be occupied or used until a certificate of occupancy has been issued. Occupancy of spaces within a building which are unaffected by the work of alteration shall be allowed to continue if the residential building official determines the existing spaces can be occupied safely until the completion of the alteration.

111.1.3 Partial occupancy. Upon the request of the owner or owner's representative, a residential building official shall issue a certificate of occupancy before the completion of the entire work, provided that the residential building official determines that the space can be safely occupied prior to full completion of the residential building, structure, or portion without endangering life or public welfare. The certificate shall indicate the extent of the areas approved for occupancy and any time limits for completion of the work.

111.1.4 Time-limited occupancy. A residential building or structure hereafter changed in part from one occupancy to another for a limited time may receive a certificate of occupancy reflecting that time-limited occupancy provided:

1. There are no violations of law or orders of the residential building official pending;

2. It is established after inspection and investigation that the proposed use is not deemed to endanger public safety and welfare safely;

3. The residential building official has approved the use for an alternative purpose on a temporary basis;

4. The residential building official has issued a certificate of occupancy indicating any special conditions under which the building or part of the residential building can be used for the alternative purpose within the time limit specified.

111.1.5 Temporary structures occupancy. A residential building intended to be erected, placed and used for a period of time not to exceed one hundred eighty days that has been determined by the residential building official to be in compliance with section 102.9 shall be issued a "Certificate of Occupancy for Temporary Structures." The residential building official is authorized to grant extensions for demonstrated cause.

111.2 Existing residential buildings. Upon written request from the owner of an existing residential building or structure, the residential building official shall issue a certificate of occupancy, provided there are not violations of law or orders of the residential building official pending, and it is established after inspection and investigation that the alleged occupancy of the residential building or structure has previously existed. This code shall not require the removal, alteration or abandonment of, or prevent the continuance of, the occupancy of a lawfully existing residential building or structure, unless such use is deemed to endanger public safety and welfare.

111.3 Certificate issued. The certificate shall certify compliance with the provisions of this code, Chapters 3781. and 3791. of the Revised Code, and the purpose for which the residential building or structure may be used in its several parts. The certificate of occupancy shall contain the following:

1. The plan approval application number.

2. The name and address of the owner.

3. A description of that portion of the structure for which the certificate is issued.

4. The signature of all residential building officials having jurisdiction. When more than one residential building official has jurisdiction for a building (when the certification of the residential building department is limited for such systems as plumbing or piping systems) each shall sign the certificate of occupancy with an indication of the scope of their individual approvals.

5. The edition of the residential code under which the plan approval was issued.

6. When an automatic sprinkler system is provided, the type and description of the system shall be indicated.

7. Any special stipulations and conditions of the plan approval including any variances granted to the requirements of this code.

111.4 Validity of a certificate of occupancy. The certificate of occupancy represents an approval that is valid only when the residential building or structure is used as approved and certifies conformance with applicable provisions of the "Residential Code of Ohio for One-, Two-, and Three-family Dwellings" and Chapters 3781. and 3791. of the Revised Code. The approval is conditioned upon the building systems and equipment being maintained and tested in accordance with the approval, the "RCO", and applicable equipment and systems schedules.

111.5 Connection of service utilities. No connections shall be made from a utility, source of energy, fuel or power to any residential building or system that is regulated by this code for which a plan approval and inspections are required, until approved by the residential building official.

111.6 Temporary connection. The residential building official shall approve the temporary connection of the residential building or system to the utility source of energy, fuel or power.

SECTION 112

CHANGES TO THE CODE

112.1 Changes, board of building standards. The board may adopt, amend, or rescind the rules of the board on its own motion or in response to an application for changes filed pursuant to this section.

112.2 Changes, application to the board. Any person may apply to the board to adopt, amend, or rescind rules of the board. The application for rule change shall be on forms and in format prescribed by the board. Twelve printed copies of the application shall be filed with the secretary of the board.

112.3 Changes, application to the residential construction advisory committee. In addition section 112.2, any person may apply to the residential construction advisory committee to recommend to the board that it adopt, amend, or rescind provisions of the RCO. The application for rule change shall be on forms and in format prescribed by the board and directed to the chairperson of the residential construction advisory committee. Twelve printed copies of the application shall be filed with the secretary of the board.

112.4 Processing applications for changes. When the secretary of the board receives a conforming application for an adoption, amendment, or annulment of a provision of the rules of the board, the secretary shall promptly deliver or mail a copy of the application to each member of the board or to each member of the residential construction advisory committee for a recommendation to the board as appropriate.

After receiving an application for the adoption, amendment, or annulment of a provision of the rules of the board or a recommendation of the residential construction advisory committee, the board shall proceed under sections 3781.101 and 3781.12 of the Revised Code.

SECTION 113

EXISTING BUILDINGS AND STRUCTURES

113.1 General . Provisions within this section shall control the alteration, repair, addition and change of occupancy if existing residential buildings.

113.2 Maintenance. Residential buildings, structures and the building equipment shall be maintained in a safe and sanitary condition and in accordance with the condition(s) established in current and any previous plan approvals and certificates of occupancy. Devices or safeguards which are required by this code shall be maintained in conformance with the code edition under which installed. The owner or the owner's designated agent shall be responsible for the maintenance.

The requirements of this chapter shall not provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures without approval of the residential building official.

113.3 Definitions. The following terms shall, for the purposes of this section and as used elsewhere in the code, have the following meanings:

CHANGE OF OCCUPANCY. A change in the purpose or level of activity within a structure that involves a change in the application of the requirements of the code.

HISTORIC BUILDINGS. A residential building meeting one of the following criteria:

1. Listed or preliminarily determined to be eligible for listing in the "National Register of Historic Places"; or

2. Determined by the secretary of the U.S. department of interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district; or

3. Designated as historic under a state or local historic preservation program that is approved by the U.S. department of interior.

113.4 Additions and alterations. Additions or alterations to residential buildings shall conform with the requirements of the code for new construction and shall be approved by the residential building official. Additions or alterations shall not be made to an existing residential building or structure which will cause the existing residential building or structure to be in violation of any provisions of this code. Portions of the structure not altered and not affected by the alteration are not required to comply with the code requirements for a new structure.

Exception: For residential buildings and structures in flood hazard areas, any additions, alterations or repairs that constitute substantial improvement of the existing structure, shall comply with the flood design requirements for new construction and all aspects of the existing structure shall be brought into compliance with the requirements for new construction for flood design.

113.5 Alterations to and replacement of systems, components and materials.Alterations to and replacements of an existing system (egress, fire protection, mechanical, plumbing, etc.) and materials or building components not otherwise provided for in this section, shall conform to that required for new construction to the extent of the alteration. The existing systems, materials, or components shall not be required to comply with all of the requirements of this code for new construction except to the extent that they are affected by the alteration. Alterations to and replacements of existing systems, materials, or components shall not cause them to become unsafe, hazardous, overloaded, or become less effective than when originally installed, constructed, and/or approved.

113.6 Replacement and repairs to systems, components and materials. Replacement of residential building components, and repairs to existing systems and materials or building components not otherwise provided for in this section, shall not be required to meet the provisions for new construction, provided such work is done in accordance with the conditions of the existing approval in the same manner and arrangement as was in the existing system, is not less safe than when originally installed and is approved.

113.6.1 Door and window dimensions. Minor reductions in the clear opening dimensions of replacement doors and windows that result from the use of different materials shall be allowed, whether or not they are permitted by this code.

113.6.2 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment, appliances, and devices shall not be reused unless approved by the residential building official.

113.7 Changes in occupancy. A residential building, accessory structure, or space within a residential building shall not change in its use or purpose unless it is made to comply with the requirements of this code for such use and approved by the residential building official. An approval is not required when the code requirements are the same for both uses.

113.7.1 Use of a residential building for other purposes. No change of occupancy to uses within the scope of the OBC shall be made to any existing residential building, space within, or accessory structure unless such building is made to comply with the requirements of the OBC for such occupancy and approved by the building official with OBC enforcement authority.

113.7.2 Type A family day care homes. A residential building that is intended to be used in whole or in part as a licensed type A family day-care home shall be inspected in accordance with the type A family day-care home checklist (available from the board of building standards). The residential building official shall issue a report of the findings to the Ohio department of jobs and family services.

113.8 Moved structures. Residential structures moved shall be safe and sanitary and any repair, alteration, or change in occupancy shall comply with the provisions of this code for new structures. Field work, building location, foundations and foundation connections, wind loads, seismic loads, snow loads, and flood loads, shall comply with the requirements of this code.

The residential building official shall be authorized to inspect, or require inspection at the expense of the owner, the various components of a relocated building to verify that they have not sustained damage. Building service equipment, mechanical, plumbing, and fire protection systems shall be tested to assure that they are in operating condition. Any repairs or alterations required as a result of such inspections shall be approved and completed prior to issuance of the certificate of occupancy.

113.9 Historic buildings. The provisions of this code relating to the construction, repair, alteration, addition, restoration and movement of residential structures, and change of occupancy shall not be mandatory for historic buildings where such residential buildings are judged by the residential building official not to constitute a distinct life safety hazard.

113.9.1 Flood hazard areas. Within flood hazard areas established, the residential building shall be brought into conformance with section 322.

Exception: Historic buildings.

SECTION 114

PRODUCTS AND MATERIALS

114.1 Approved materials, products, assemblies and methods of construction.Materials, products, assemblies and methods of construction approved by the residential building official shall be constructed and installed in accordance with such approval. Materials, devices, products and assemblies listed in directories indicated in Table 114.3 are authorized for use in accordance with all of the following:

1. Approved by the residential building official;

2. Installed/used in accordance with the listing;

3. When used as an assembly, installed/used in compliance with this code;

4. The listing is current;

5. The extent of the listing does not include in its scope, elements of design, construction or installation otherwise in conflict with the provisions of this code such as fire-resistance, structural design, etc.

114.1.1 Definitions. The following words and terms shall, for the purposes of this section, have the meanings shown herein:

Assembly. A preassembled grouping of materials, products and/or devices designed to act as a whole. This does not include industrialized units regulated by section 113.

Insignia. A mark or label prescribed in accordance with board procedures.

Material. A manufactured form or substance designed to act as a whole.

Method of construction. A procedure or system intended to result in a finished building, structure or portion thereof.

Product. A material or device designed and manufactured to perform a predetermined function. Appliances, assemblies and equipment are also considered products.

114.1.2 Used materials and products. The use of used materials and products which meet the requirements of this code for new materials and products is permitted. Used products and materials shall not be reused unless approved by the residential building official.

114.2 Alternative materials, products, assemblies and methods of construction.The provisions of this code are not intended to prevent the installation of any material or to prohibit any material, product, assembly or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, product or method of construction shall be approved in accordance with either section 114.2.1 or section 114.2.2.

Exception: Industrialized units constructed in accordance with the "OBC".

114.2.1 Research reports and listings. Any material, product, assembly or method of construction not specifically provided for in this code, shall have a valid research report or listing from an evaluation service listed in "OBC Appendix P" and shall be deemed to be approved provided it complies with the conditions listed in the report and Chapters 3781. and 3791. of the Revised Code.

114.2.2 Board approval. Any material, product, assembly or method of construction not specifically provided for in this code may be approved by the board of building standards upon application under the procedures prescribed by the board and as outlined in the provisions of Chapter 1 of the "OBC"

114.3 Materials, products and assembly directories. "Table 114.3 " lists directories for materials, products and assemblies accepted for specified performances.

TABLE 114.3

MATERIALS, PRODUCTS AND ASSEMBLY DIRECTORIES

Title Agency Edition
Building Materials Directory UL 2009
Electrical Appliances and Utilization Equipment Directory UL 2008
Electrical Construction Materials Directory UL 2008
Fire Protection Equipment Directory UL 2009
Fire Resistance Directory Vols. 1, 2A, 2B, and 3 UL 2009
Flammable and Combustible Liquids and Gases Equipment Directory UL 2008
Hazardous Location Equipment Directory UL 2008
CSA Website - http://directories.csa-international.org/ CSA1,4 N/A
Intertek ETL www.intertek-etlsemko.com Intertek2 N/A
Approval Guide www.approvalguide.com FM5 N/A
Fire Resistance Design Manual (GA-600- 18th ed.) GA3 2006

Footnotes:

1. Canadian Standards Association or CSA International (formerly AGA)

2. Website only - Select "ETL Listed Directory or WH&OPL Mark Directory"

3. Gypsum Association

4. Website only - Select "Gas Appliances."

5. Website only - free registration

114.4 Approved agencies. When test reports are required to be submitted to the residential building official or where materials or assemblies are required by this code to be marked or labeled, the agency performing the tests, marking or the labeling shall be an approved agency.

Replaces: 4101:8-1-01, 4101:8-1-02, 4101:8-1-03, 4101:8-1-04, 4101:8-1-05, 4101:8-1-06, 4101:8-1-07, 4101:8-1-08, 4101:8-1-09, 4101:8-1-10, 4101:8-1-11, 4101:8-1-12, 4101:8-1-13, 4101:8-1-14, 4101:8-1-15, 4101:8-1-16, 4101:8-1-17

Effective: 01/01/2013
R.C. 119.032 review dates: 01/01/2018
Promulgated Under: 119.03
Statutory Authority: 3781.10(A)
Rule Amplifies: 3781.01 , 3781.06 , 3781.10 , 3781.11 , 3791.04 , 4740.14
Prior Effective Dates: 5/27/06, 7/1/07, 1/1/08, 1/1/09