(A) Required specifications. All retail
dealers shall adhere to OOD's vehicle modification manual. OOD shall
retain the right to refuse payment for any work that is poorly designed,
fabricated, installed or fit, or that does not comply with the vehicle
modification specifications. Failure of the retail dealer to comply with this
chapter and OOD's vehicle modification manual may result in any or all of
the following: revocation of quotation, delayed payment until correction is
made, refusal to accept delivery of modifications, suspension from awards,
removal as an OOD approved retail dealer, or other actions deemed necessary to
protect the individual, the state of Ohio, OOD, and the taxpayer.
(B) Requirements for retail dealers. OOD
shall purchase services and equipment only from retail dealers that meet all of
the following conditions:
(1) Maintain valid
up-to-date accreditation with the national mobility equipment dealers
association's (NMEDA) quality assurance program (QAP) and shall provide
written proof of same to OOD on an annual basis and as otherwise requested by
OOD; written documentation shall include the designated type(s) of
accreditation (i.e., mobility equipment installer, structural, and high tech)
and the effective dates of accreditation.
(a) Being accredited as NMEDA QAP, the retail dealer is
required to install modifications per the NMEDA guidelines and all applicable
federal motor vehicle safety standards (FMVSS) referenced therein.
(b) Should the NMEDA QAP program or any of its parts be
shown to be in violation of state of Ohio or federal laws and regulations or
found to be likely to cause harm to individuals served by OOD if followed, OOD
reserves the right to discontinue the use of the NMEDA QAP accreditation
program and adopt or create an equivalent program.
(2) Register with
national highway traffic safety administration (NHTSA) in accordance with
federal regulations as contained in 49 C.F.R. 595.6.
(3) Operate a permanent business location
in the state of Ohio, except when the in state purchasing preference does not
meet the individual's rehabilitation needs or informed choice
(4) Maintain, at that location, all of
the facilities necessary to install, maintain, repair, and replace those
components/assemblies included in any quotation the retail dealer submits to
OOD and perform said work at that location, except as noted in paragraph (C) of
(5) Maintain, at that location,
accessible facilities, including restrooms, pursuant to the Americans with
Disabilities Act of 1990 (Public Law 101-336) requirements.
(6) Be recognized by the aftermarket
manufacturer(s) as an approved installer of the devices and mechanisms
identified in rule 3304-6-02 of the Administrative Code.
(7) Hire and retain employee(s) who are
trained by the manufacturer of the equipment and who are certified to install,
service, and repair the equipment.
(8) Maintain a current list of those
certified employees and provide a copy of this list to OOD on
(C) Subcontracting. A retail dealer may
subcontract only non-adaptive work, except for work subcontracted to a
manufacturer, but shall retain fitting, warranty, and repair responsibility for
all subcontracted work. Non-adaptive refers to those items other than
specialized equipment provided for the sole purpose of enabling a person with a
disability to drive or be transported in a vehicle. Subcontractors shall meet
requirements of paragraph (B)(3) of this rule.
(D) Warranties. Retail dealers shall use
only new products and new parts that are protected against defects by
manufacturers' written warranties of a minimum of one year except for
those items transferred in accordance with rule 3304-6-02 of the Administrative
Code. Retail dealers shall warrant in writing their own installation work for
at least two years from the date of delivery of the vehicle to the individual.
The individual shall comply with all warranty requirements for the warranty to
remain in effect.
(E) Liability insurance. Each retail
dealer shall maintain "product/completed operations" liability
insurance that holds OOD, its agents, employees, and consultants harmless from
any claim for damages resulting from the retail dealer's work or the
work/products of his/her suppliers, and provides minimum coverage of one
million dollars. Each retail dealer shall also maintain
"garage-keeper's" liability insurance and "premises"
liability insurance. Prior to submitting a quotation, the retail dealer shall
include a written certification of insurance from the insurance company
specifying the dates and limits of coverage and including a provision for
notification of cancellation within thirty days to OOD. The retail dealer shall
provide an updated certificate at the time of the policy renewal.
(F) Information provided by retail
dealer. At the completion of the authorized work, the retail dealer shall issue
to the individual an original copy of the installation, operations, maintenance
instructions, and warranty cards for all equipment installed in the vehicle.
The retail dealer shall provide a full demonstration to the individual of all
adapted equipment and on completion of each job provide:
(1) A signed statement to
OOD certifying that all work complies with rules 3304-6-01 to 3304-6-03 of the
Administrative Code and OOD's vehicle modification manual;
(2) Permanently affixed
labels adjacent to the original certification label or the alterer
(a) NMEDA QAP label in accordance with NMEDA QAP
accreditation requirements, unless use of the NMEDA QAP has been discontinued
by OOD, and
(b) Label required by NHTSA in compliance with 49 C.F.R.
(3) A list of modifications including all
modifications made to the vehicle and all additional equipment installed. This
list shall be provided to the individual. This list shall contain the NMEDA QAP
label identification number unless use of the NMEDA QAP has been discontinued
(4) A list of FMVSS, or
portions thereof, subject to the make inoperative prohibition exemption
provided in federal regulations at 49 C.F.R. 595 with which the vehicle may no
longer be in compliance.
(5) A statement based on
the vehicle's gross vehicle weight rating, in compliance with 49 C.F.R.
595, indicating any reduction in the load carrying capacity of the vehicle of
more than two hundred twenty pounds after the modifications are complete. The
retail dealer shall state whether the weight of the user's wheelchair is
included in the available load capacity.
(6) A complete wiring diagram that
identifies all added or modified components and subassemblies by name and by
wire color and gauge. The wiring diagram shall be given to the individual. If
the wiring is custom a wiring diagram must be supplied with the
(7) For all major equipment additions and
modifications, any operating and maintenance information available from
manufacturers shall be provided to the individual.
(8) A list of unused parts shall include
all items removed from the vehicle. The list and the unused parts will be
returned to the individual. The individual shall sign the list, entering a note
that the signature either acknowledges receipt of the items or releases them
for the retail dealer's disposal.
(G) Confidentiality. Any information the
retail dealer obtains about an individual served by OOD as a result of
submitting quotations and/or providing modifications to the individual's
vehicle, including the identity of the individual, shall be confidential. The
retail dealer shall not reveal any such information without the
individual's written consent. Failure to maintain confidentiality shall
result in retail dealer noncompliance subject to the provisions in paragraph
(A) of this rule.
(H) Related costs. OOD may require that
the retail dealer include the following items in its quotation/price
(1) Pickup and delivery
of the vehicle from and to the individual.
(2) Transportation of the
vehicle for the purpose of service, maintenance, and follow-up adjustments
during the warranty period.
(3) Projected completion
time. OOD reserves the right to provide a mandatory completion time and to
impose a daily monetary penalty for exceeding this completion
(I) Manufacturer requirements. Retail
dealers shall install only products which conform to the following, except for
those items transferred in accordance with rule 3304-6-02 of the Administrative
(1) Only products for
which the manufacturer carries liability insurance coverage that provides a
minimum of one million dollars for each claim, with a minimum aggregate for a
one-year policy period of two million dollars. Obtaining proof of such coverage
shall be the responsibility of the retail dealer and shall be provided to OOD
on request. Any quotation containing products which do not meet this provision
shall be rejected.
(2) Any product that is a
powered mechanism or contains a powered mechanism shall permanently bear, via
engraving or fixed plate, a model number, a serial number, and the name and
address of the manufacturer. The engraving or fixed plate shall remain visible
after installation. All OEM powered mechanisms (such as a power steering pump
or a brake vacuum booster) that have been modified as part of the vehicle
modification shall contain such an engraving or fixed plate.
(J) Request for quotations and awards.
Request for quotations shall be required for all vehicle modifications except
those involving only items defined to be relatively minor as stated in
paragraph (D)(3) of rule 3304-6-02 of the Administrative Code.
(1) Requests for
quotation. Requests for quotations shall only be sent to the three qualified
retail dealers chosen by the individual from among the current NMEDA QAP retail
dealers approved by OOD which are qualified to perform the specific
modifications required by the individual's prescription. If fewer than
three retail dealers are approved by OOD to perform the CDRS or DRS
modification, then all retail dealers shall be sent the request for quotation.
No other quotations shall be solicited or accepted. To comply with individual
informed choice requirements, retail dealer quotations shall be evaluated based
on the primary factor of lowest price, but also secondary factors of shortest
distance from the individual's residence, and fastest projected completion
time. OOD shall authorize a modification only to a qualified retail dealer that
meets these factors. In the event of a tie based on OOD's scoring
criteria, the individual may choose from the lowest price
(2) Relatively minor
modifications. For modifications involving only those items defined as
"relatively minor" in paragraph (D)(3) of rule 3304-6-02 of the
Administrative Code, the retail dealer (i.e., vehicle modification shop) that
will perform the modification shall be chosen by the individual from the
current list of OOD approved retail dealers. No other retail dealers shall be
asked to submit prices or be used to provide vehicle