Rule 4781-7-04 | Building departments and health departments; requirements for certification to perform inspections of manufactured homes.
(A) Before exercising authority to enforce Chapter 4781. of the Revised Code or the rules promulgated thereunder, and before accepting and approving plans pursuant to Chapter 4781. of the Revised Code or the rules promulgated thereunder, municipalities, townships, and county building departments and health departments and their required personnel shall be certified by the division.
(B) A building department certified by the board of building standards to enforce section 3781.10 of the Revised Code shall submit an application for certification or renewal on a form approved by the division that includes:
(1) A copy of the board of building standards certification;
(2) The names, addresses, and qualifications of persons, firms, or corporations contracting to furnish work or services if such persons, firms, or corporations are under contract to furnish inspection services and if authority is exercised pursuant to the contract. A minimum of one inspector certified by the division, a back-up inspector certified by the division, and an electrical safety inspector (ESI) as employees or under contract are required;
(3) The names of other municipal corporations, townships, counties, health districts, or other political subdivisions contracting work or services if such other political subdivision is under contract to furnish services related to manufactured home installation inspection;
(4) A signature of an authorized representative or an appropriate official for the political subdivision;
(5) Proof of the approval of the governmental entity through the adoption of an ordinance or resolution granting authority for the work contracted with the division; and
(6) Manufactured home inspection and plans review procedures.
(C) Each department shall be required to update the division seal report regarding permit issuance activities pursuant to these rules, within twenty-four hours after the issuance of an installation permit.
(D) The division shall be provided with notification of changes in personnel of the department who enforce the rules of the division within thirty calendar days after such personnel changes have been made.
(E) The division may revoke a building department's certification following an investigation that establishes that the building department or its employees violated Chapter 4781. of the Revised Code or rules promulgated thereunder. The division may initiate an investigation on its own motion or upon receipt of a complaint. If the division proposes to revoke an inspector or a building department's certification, the division shall conduct a hearing pursuant to Chapter 119. of the Revised Code. If the division finds that the building department inspector or the building department has violated the rules, the division may revoke, suspend, issue a fine, or do a combination thereof. Any fine imposed cannot exceed one thousand dollars per violation per day. A building department employee inspector or the building department shall return the certification and identification card to the division within three business days after receipt of the division's order of revocation.
(F) A building department's certification shall be valid for three years. Each building department shall apply for renewal of its certification prior to the expiration date of its certification. If the building department fails to renew its certification on or before the expiration, it must submit a new application for certification in accordance with this rule. No building department or any of its employees may perform any duties for which a certification is required under this chapter until certification is renewed.
(G) Fees. There is no fee for a building department requesting division certification or renewal.
(H) A building department not certified by the board of building standards or health department may be certified by the division in accordance with this rule provided the following is submitted:
(1) Information required in paragraphs (B) to (F) of this rule;
(2) The following additional information:
(a) A copy of the ordinance/resolution creating the department, including the date established;
(b) An organizational chart of the department;
(c) List of employees or independent contractors who will be performing the inspections or plans review. A minimum of one inspector certified by the division, a back-up inspector certified by the division, and an electrical safety inspector (ESI) as employees or under contract are required;
(d) Copy(ies) of all contractual agreements, if any, regarding any persons or employee that will be providing inspections, plans review, electrical inspections, sewer connection inspections, and plumbing inspections.
(3) Fees. There is no fee for a building department not certified by the board of building standards or health department requesting division certification or renewal.
(I) If a building department not certified by the board of building standards or health department fails to renew its certification on or before expiration, it must submit a new application for certification in accordance with this rule. No building department, health department, or any of its employees may perform any duties for which a certification is required under this chapter until certification is renewed.
(J) After an investigation, if a finding of facts establishes that a building department or health department certified under paragraph (H) of this rule or any of their employees has not complied with Chapter 4781. of the Revised Code or the rules promulgated thereunder, the division may revoke the certification of the department. The division may initiate an investigation on its own motion or upon receipt of a complaint. If the division proposes to revoke the certification of an inspector employed by or retained by a building department or health department, the division shall conduct a hearing pursuant to Chapter 119. of the Revised Code. If the division finds that the department employee or inspector or the department has violated this chapter, the division may revoke, suspend, issue a fine, or a combination thereof. Any fine imposed cannot exceed one thousand dollars per violation per day. A department's inspector or the department shall return the certification and identification card to the division within three business days after receipt of the division's order.
(K) As it relates to installation inspections, there will be no exclusivity under the division's authority. A certified building department or certified health department may contract with a jurisdiction outside its respective political subdivision to perform non-exclusive manufactured home installation inspections in that political subdivision, but if so, must notify the division of the non-exclusive agreement and must provide a copy of the executed contract to the division prior to permitting/inspecting outside of its jurisdiction.
Supplemental Information