4101:1-35-01 Referenced standards.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Commerce

Agency Name

 

Board of Building Standards: Ohio Building Code

Regina S. Hanshaw

Division                                                                  Contact

6606 Tussing Road P.O. Box 4009 Reynoldsburg OH614-644-2613 43068-9009

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

4101:1-35-01

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Referenced standards.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 3781.10(A)

5.  Statute(s) the rule, as filed, amplifies or implements: 3781.10, 3781.11, 3791.04

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

To update to the 2009 model codes published by ICC.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

This rule lists the standards and the contact information for the promulgating agencies that develop the referenced standards found in the Ohio Building Code.

Changes were made to the following section: 3501.4 Sections added: 3501.1, 3501.2 & 3501.3

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

The referenced standards are generally available to the affected parties. The referenced standards can easily be purchased from the standards making organization. The affected parties typically would be product manufacturers, design professionals, builders, and contractors. These parties would be expected to already own the standards in order to conduct their business of manufacturing, testing, designing, and installing the building systems and products.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

It was infeasible for the agency to file the text electronically due to copyright issues with the standards making organizations. The standards are generally available.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

To change the reference in section 3501.1 from 102.4 to 102.5; to update the ANSI standards A108.1A through A136.1 from the 1999 edition to the 2009 edition; to update the APA standard EWS S475 from the 2001 edition to the 2002 edition; to update the ASABE standard EP 559 from the 1997 edition to the 2003 edition; to add the ASHRAE 90.1-2007 standard which was inadvertently omitted when the rule was drafted; to update the AWS standards D1.1 and D1.4 from the 2004 and 1998 editions, respectively, to the 2006 and 2005 editions, respectively; to add a note after the ICC IECC-09 clarifying that the BBS has only adopted section 101 of

chapter 1 and chapters 2 through 6; to add USC reference 10 U.S.C. Sections 18233(A)(1) and 18237-1994 which was inadvertently omitted when the rule was drafted.

12.  119.032 Rule Review Date:

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

This is a building design issue. It does not fiscally affect the board.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable.

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

Due to the variance in allowed building designs, it is nearly impossible to ascertain whether there would be an increase or decrease in the design cost of a building as a result of this proposed rule change.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No