5122:3-1-01 Definitions.

As used throughout this chapter, the following definitions shall apply:

(A) "A/E" means an architectural or engineering firm whose principal or principals are licensed by the state of Ohio to practice their respective professions in Ohio.

(B) "Applicant" means any of the following who submit an application to the department for community assistance capital funds:

(1) A state agency other than the department authorized to provide mental health service;

(2) A board of county commissioners;

(3) Any governmental political subdivision of the state of Ohio;

(4) A community board of mental health (ADAMH/CMH); or

(5) A nonprofit corporation specifically chartered to provide a mental health service when such a service fulfills a public purpose as provided by division (F) of section 154.20 of the Revised Code, as hereafter may be amended.

(C) "Approved tax credit manager" means a nonprofit corporate applicant that is a general partner or managing member of an approved tax credit owner.

(D) "Approved tax credit owner" means a limited partnership or limited liability company that is eligible to participate in the nonprofit set-aside described in Section 42(h)(5) of the Internal Revenue Code of 1986, 100 Stat. 2198, 26 U.S.C. 42 and the Ohio housing finance agency's housing tax credit program for the purpose of making use of low-income housing tax credits in support of housing for mental hygiene patients and that is controlled by an approved tax credit manager.

(E) "Board" has the same meaning as community mental health board (CMH) or board of alcohol, drug addiction and mental health services (ADAMH) as defined in Chapter 340. of the Revised Code.

(F) "Capital facilities" means buildings, structures and other improvements, equipment as defined in division (E) of section 16 of Amended Substitute House Bill 834 of the 113th General Assembly or as defined in future legislation, and real property and interests in real property as defined by division (J) of section 154.01 of the Revised Code, as hereafter may be amended.

(G) "Chief" means the business operations manager or designee of the office of capital planning and management, an office established within the department.

(H) "Community capital assistance projects process guidelines" ("guidelines") means a document published by the office of capital planning and management implementing applicable Revised Code requirements and department administrative processes, and which is distributed with each community capital application approval letter.

(I) "Community mental health facility" means a building and necessary land used to provide a mental health service program or housing as defined and required by the department.

(J) "Construction" means the construction of new buildings or renovation of existing buildings as provided by division (J) of section 154.01 of the Revised Code and division (K) of section 154.01 of the Revised Code, as hereafter may be amended, except that renovation shall not include work that consists primarily of maintenance repairs and replacement due to normal use, wear and tear, or deterioration.

(K) "Controlling board" means the board established by section 127.12 of the Revised Code, as hereafter may be amended.

(L) "DAS/GSA" means the department of administrative services, general services administration, as established by section 121.02 of the Revised Code, as hereafter may be amended.

(M) "Department" means the Ohio department of mental health as established by section 121.02 of the Revised Code, as hereafter may be amended.

(N) "Deputy director" means the deputy director of program and policy development for the department.

(O) "Director" means the chief executive officer or designee of the Ohio department of mental health as provided by division (K) of section 121.02 of the Revised Code, as hereafter may be amended.

(P) "Federal funds" means funds provided by any department or agency of the United States government for participation in community mental health facilities project costs.

(Q) "Leadership support team" ("LST") means the executive committee (director, assistant director, and deputy directors) of the Ohio department of mental health.

(R) "Local funds" means funds provided by the applicant for a community mental health facilities project, exclusive of department funds.

(S) "Priorities" means the types of housing and service programs approved by the director for community mental health capital construction projects in which the department proposes to participate during the forthcoming and subsequent biennia.

(T) "Project" means the construction or purchase and renovation of facilities, including equipment, for a community mental health service program or programs as proposed and set forth in an application for state construction assistance.

(U) "Project costs" means total costs of capital facilities as defined in division (K) of section 154.01 of the Revised Code, as hereafter may be amended, and includes, without limitation thereto, purchase or acquisition costs for land and/or buildings, construction or renovation costs, architect fees, fixtures and equipment, and other miscellaneous costs related to a project.

(V) "Renovation" means work done to a building to restore it to an acceptable condition and to make it functional for the purpose(s) set forth in an application, including architectural and structural changes and the modernization of mechanical and electrical systems. Renovation does not include work that consists primarily of maintenance repairs and replacement due to normal use, wear and tear, or deterioration.

(W) "Service program" means a program providing mental health services pursuant to Chapter 340. of the Revised Code, as hereafter may be amended, and rules relating to such programs promulgated under section 5119.61 of the Revised Code by the department.

(X) "State funds" means funds appropriated by the general assembly and approved by the governor for each biennium to the department for community mental health facilities, which funds may be generated through sale of bonds or otherwise.

(Y) "Variance" means written permission granted by the department to an agency to meet a modified requirement of a rule of the Administrative Code.

(Z) "Waiver" means written permission granted by the department to an agency to be exempted from a rule or specific provision of a rule of the Administrative Code.

Effective: 02/05/2012
R.C. 119.032 review dates: 11/21/2011 and 02/05/2017
Promulgated Under: 119.03
Statutory Authority: 5119.61 , 5119.62 , 5119.63
Rule Amplifies: 5119.61 , 5119.62 , 5119.63
Prior Effective Dates: 5-29-1971, 8-21-1980, 7-1-2009