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ohio    6606 Tussing Road P.O. Box 40098,  Reynoldsburg, Ohio 43068

Director of Commerce

Board of Building Standards

A.            Formulate, adopt, and amend the following rules: 

1.       Chapter 4101:2-1 to 4101:2-69 Administrative Code: These chapters shall be the lawful minimum requirements governing the erection, construction, repair, alteration, and maintenance of all buildings specified in section 3781.06 of the Revised Code, including land area incidental thereto, the construction of industrialized units, the installation of equipment, and the standards or requirements for materials to be used in connection therewith. Such standards shall relate to the conservation of energy in and to the safety and sanitation of such buildings.  

These regulations shall be considered as model provisions with no force and effect when applied to single-family, two-family, and three-family dwelling houses which have not been constructed or erected as industrialized units or structures, except where the context specifies mandatory applicability, and do not apply to buildings or structures which are incident to the use for agricultural purposes of the land on which such buildings or structures are located, provided such buildings or structures are not used in the business of retail trade.  

2.       BBS-100 - The Ohio Model Dwelling House Code: A model code which has no force and effect unless and until duly adopted by ordinance or resolution in the political subdivision having jurisdiction.  

3.       Chapters 4101:4-1 to 4101:4-17 Administrative Code: Rules for the construction, installation, inspection, repair and operation of boilers and the construction, inspection, and repair of unfired pressure vessels and for ascertaining the safe working pressures to be carded on such boilers and unfired pressure vessels. 

4.       Chapters 4101:5-1 to 4101:5-3 Administrative Code: Rules governing the design, construction, repair, alteration and maintenance of elevators.  

5.       Chapters 4101:8-1 to 4101:8-19 Administrative Code: Rules governing the design, construction, installation and safe working pressure to be carried by power, refrigerating, hydraulic, liquefied petroleum gas, oxygen and other gaseous piping, and heating piping systems. 

6.       Rules 4101:2-89-01 to 4101:2-89-05 Administrative Code: Rules for existing apartment and condominium buildings exceeding seventy-five feet in height. 

7.       Rules 4101:2-90-01 to 4101:2-90-26 Administrative Code: Minimum standards necessary to insure that buildings housing homes initially licensed and occupied prior to August 1, 1958 are located and constructed in such a manner as to be safe and sanitary. 

8.       Rules 4101:2-91-01 to 4101:2-91-24 Administrative Code: Rules for existing child day-care centers.  

9.       Rules 4101:2-93-01 to 4101:2-93-12 Administrative Code: Rules and procedures necessary to accomplish administration and enforcement of Chapter 3783 R.C., Electrical Safety Inspection.  

B.            Formulate and report to the General Assembly, amendments to existing statutes relating to the purposes declared in section 3781.06 of the Ohio Revised Code for public health and safety.  

C.            Recommend to the Industrial Commission, the Public Health Council, or any other department, officer, board, or commission of the state, and to legislative authorities and building departments of counties, townships, and municipal corporations the making, amending, fixing or ordaining by such appropriate action as they are empowered by law or the constitution to take, of such rules, regulations, codes or standards as shall tend to carry out the purposes of Section 3781.06 of the Revised Code with a view to securing uniformity. 

D.            Certify municipal, county, and township building departments pursuant to section 3781.10(E) of the Revised Code to exercise enforcement authority and to accept and approve plans and specifications, and make inspections pursuant to Sections 3781.03 and 3791.04 of the Revised Code, and to inspect power, refrigerating, hydraulic, heating, oxygen and other gaseous piping, and liquefied petroleum gas piping systems.  

E.            Conduct hearings, make investigations and tests as deemed necessary or desirable in the discharge of its duties.  

II.  RELATED DUTIES:  

A.      In conjunction with Chapters 4101:2-1 to 4101:2-69 Administrative Code:  

1.       Evaluation and approval of products or methods of manufacture. 

2.       Evaluation and approval of industrialized units.  

3.       Evaluation and approval of testing laboratories.  

4.       Develop and conduct approved training programs for building officials, inspectors, and plans examiners.  

B.      In conjunction with certification of building departments and their personnel: 

1.       Certify municipal, township, and county building departments to exercise enforcement authority and to accept and approve plans and specifications and make inspections according to Ohio law.  

2.       Establish the qualifications for certification of building department personnel. 

3.       Prescribe, approve, and/or administer examinations, and issue certificates of competency to those applicants successfully completing the examination.  

4.       Develop, conduct, and/or approve continuing education courses for building department personnel.  

5.       Investigate complaints. 

6.       Conduct hearings to determine certification or decertification of building inspection departments or personnel.  

C.      In conjunction with certification of local board of appeals pursuant to Section 3781.20 R.C.  

Certify local boards of building appeals to hear and decide appeals from adjudication orders of the local building official pertaining to the enforcement within his jurisdiction of the provisions of Chapters 3781 and 3791 of the Revised Code and any rules adopted pursuant thereto.  

D.      In conjunction with certification of electrical safety inspection:  

Schedule and administer the meetings and activities of the Electrical Safety Inspector Advisory Committee, make clarifications of National Electrical Code, and field procedures to assist in uniform application and enforcement of the N.E.C.:  

1.       Prescribe and administer examinations to qualified applicants for certificate of competency as an electrical safety inspector and issue certificates to those successfully completing examination.  

2.       Develop and conduct approved continuing education courses for electrical safety inspectors and approved training programs for electrical safety inspector trainees.  

E. In conjunction with Chapters 4101:4-1 to 4101:4-17 Administrative Code:  

1.       Prescribe examinations for boiler and unfired pressure vessel inspectors.

 2.       Evaluate drawings and specifications of special type boilers and unfired pressure vessels, the design of which is not covered by rules of the Board, and conduct and observe tests on site to permit use as Ohio Specials.  

F. In conjunction with Chapters 4101:5-1 to 4101:5-3 Administrative Code:  

Prescribe examinations to qualified applicants for general and special inspectors of elevators.  

G. In conjunction with Chapters 4101:8-1 to 4101:8-19 Administrative Code:  

Prescribe and administer examinations to applicants for certificate of competency for general, special, and local inspectors of power, refrigerating, hydraulic, heating, oxygen and other gaseous piping, and liquefied petroleum gas piping systems.  

H. In conjunction with all five (5) codes:  

1.       Research and coordinate new technology standards and practices for continual update of code standards. 

2.       Conduct seminars for discussion of proposed code provisions with building officials, professionals, and other state regulating agencies.  

3.       Prepare, print, and distribute open hearing petitions and conduct open hearings when necessary for major changes in code or concept.  

4.       Prepare, print, and distribute public hearing drafts and conduct public hearing for proposed code changes, additions, or deletions pursuant to Chapter 119 of the Revised Code. 

5.       Prepare and file proposed rules and file adopted rules pursuant to Chapter 119 of the Revised Code.

6.       Maintain current library of all standards, codes, and accepted engineering practices referenced in each of the five codes.  

7.       Maintain mailing lists as required by Section 119.03 and 122.22(F) of the Revised Code and rules 4101:2-92-01 and 4101:2-92-02 of the Administrative Code. 

I.         Maintain records and accounts of petition fees, evaluation costs, inspection cost, insignia, examination and renewal fees and all other sources of its duties.  

J.  Conduct additional hearings, investigations, tests, etc., in addition to those required by statute to assist the board in the discharge of its duties.  

K.   In conjunction with certification of Automatic Sprinkler Systems Designers pursuant to Section 3781.105 of the Revised Code: 

1.       Qualified applicants which posses National Institute for Certification of Engineer Technologists (NICET) certification will be issued certificates of competency as Fire Protection Systems Designers in one of three areas - special hazards system design, suppression system design, and alarm system design.  

III.  CRITERIA FOR FORMULATING, ADOPTING, AMENDING, RESCINDING RULES OF THE BOARD.  

A.  The Board’s rules shall pursuant to Section 3781.11 R.C.: 

1.       Provide uniform minimum regulations to make buildings safe and sanitary.  

2.       Formulate rules, insofar as may be practicable, in terms of performance objectives.  

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

4.       Encourage standardization of construction practices, methods, equipment, materials, and techniques. 

5.       Supersede and govern any rules of: 

Department of Commerce; Division of Fire Marshal; the Department of Health; and of counties and townships, in all cases where such orders, standards, rules or regulations are in conflict with the rules and regulations of the Board pursuant to Section 3781.11(B) R.C., and of local ordinances inconsistent therewith pursuant to Section 3781.11 R.C. 

B. Code changes originate from: 

1.       Petitions from any person, pursuant to Section 3781.12 R.C. Changes to be submitted pursuant to rules 4101:2-1-41 and 4101:2-1-42 of the Administrative Code.

 2.       Motion of the Board, pursuant to Section 3781.101 R.C.  

C. Public Hearing Proceedings. (Section 3781.101 and Chapter 119 R.C.):  

1.       Board adopts from Item B to consider changes at public hearing. (Section 3781.12 R.C.)  

a.       Public notice given at least thirty-one days prior to hearing date. (Section 119.03 R.C.)  

b.       Copy of proposed rules filed with Secretary of State, Director of Legislative Service Commission, Clerk of the Senate, Department of Aging, Office of Small and Developing Business, and Clerks of the 88 County Commissioners. (Sections 119.03, 121.24, 173.03, and 3781.101 R.C.) 

c.       Copies sent to certified municipal, township, and county building departments, those individuals on mailing lists, and anyone requesting same.  

2.       Public hearing held at time and place given in notice:

 Comments, suggested changes, and/or discussion of the proposed adoption, amendments, or recision of any rule may be presented in written form or in person at the heating. (Section 119.03 R.C.) 

3.       Board may issue order to adopt after public hearing (Section 119.03 R.C.) but not earlier than sixty-six days after filing proposed rule.  

4.       Adopted material filed with Secretary of State, Legislative Service Commission, and Clerk of the Senate (Sections 119.03 and 119.04 R.C.). Effective date designated by the Board - not earlier than the tenth day after filing as provided in Section 119.04 R.C. Rules filed in accordance with Section 119.04 R.C. are published in the Ohio Administrative Code. The Ohio Monthly Record provides complete information each month, with the full text of each Administrative Code rule adopted or amended, and notes on rules rescinded; all emergency rules; and reports on all proposed rules, with public hearing schedules. 

IV. CRITERIA FOR CERTIFICATION OF BUILDING INSPECTION DEPARTMENTS.  

Certification of municipal, township, and county building departments. (Section 3781.10(E) R.C.):  

A.      Application may be made by a municipal corporation, by the board of township trustees, or by the Board of County Commissioners. Such application shall set forth the types of building use groups for which certification is requested. 

B.      Applications are considered at a public hearing and the procedures of the Board shall be as prescribed in the "Administrative Procedure Act," the same as for other proceedings of the Board.  

C.      Certification is issued to municipalities, townships, and counties with subject matter, limitations, and conditions, which have been adopted by the Board, noted thereon. The Bureau of Construction Compliance is notified of the issuance of certification in order that they will not require submission of plans for approval in those areas.  

D.      A complete list of certified municipal, township, and county building departments is included as Appendix Z to the Administrative Code reflecting each certified building department's enforcement authority.  

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