4101:1-1-01 Administration.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Commerce

Agency Name

 

Board of Building Standards: Ohio Building Code

John Brant

Division                                                                  Contact

6606 Tussing Rd. P.O. Box 4009 Reynoldsburg OH 43068-0000

614-644-3779

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

4101:1-1-01

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Administration.

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), 4104.43(A)(1)

5.  Statute(s) the rule, as filed, amplifies or implements: 2744, 3781.03, 3781.031, 3781.10, 3781.11, 3781.105, 3791.04

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

To update to the 2006 model codes published by ICC and to simplify the rule filing process by adopting one model code chapter per rule.

Additionally, at the request of the Chief Building Official for the Division of Industrial Compliance, to increase fees for fire alarm and medical gas plan review and processing.

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:

Prescribes the administrative requirements for administering the building, plumbing, and mechanical codes. Changes were made to the following sections: All paragraphs in section 101 were changed; all but paragraph 102.1 was changed in section 102; all paragraphs in section 103 were changed; all paragraphs in section 104 were changed; all but paragraph 105.8 was changed in section 105; all but paragraphs 106.1.1.1 and 106.3 were changed in section 106; all paragraphs in section 107 were changed; all paragraphs in section 108 were changed; all but paragraphs 109.3.1, 109.3.2, 109.3.3, 109.3.4, 109.3.5, 109.3.6, 109.3.8, and

109.3.9 were changed in section 109; all paragraphs in section 110 were changed; all paragraphs in section 111 were changed; all paragraphs in section 112 were changed; all paragraphs in section 113 were changed; all paragraphs in section 114 were changed; all paragraphs in section 115 were changed; all paragraphs in section 116 were changed; all paragraphs in section 117 were changed; all paragraphs in section 118 were changed; all paragraphs in section 119 were changed.

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 and occasionally would be design professionals. These parties would be expected to already own the standards in order to conduct their business of manufacturing and testing the products that they market to building design professionals and building owners.

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:

Added language in section 102.4 of the rule referencing the user to the rule that identifies the specific editions of referenced standards.

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 increase revenues. 30,000-40,000

This proposed rule change will not increase revenue for the BBS. However, the proposed fee increases in section 108 will increase the revenue for the division of industrial compliance in the department of commerce as shown above.

Currently, the fire alarm scope of work is being lumped under the general electrical fees. The fire alarm reviews, similar to the sprinkler reviews, typically are the last phases of the plan review. The fire alarm reviews typically have issues that result in additional correspondence and time spent in addition to the time already invested in the overall plan review. The division of industrial compliance currently does not have a mechanism to charge for the fire alarm review process. Currently, the plumbing section is not able to recoup the medical gas administrative fees for doing plan review because it is lumped into the mechanical fees and paid to cover the division's structural costs. The proposed fees for medical gas review are less than

other certified departments performing the same function.

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:

According to the DIC Chief Building Official, based upon 2005 project information, they estimate revenue generated from separate fire alarm fees to be between $30,000 and $40,000. This fee will be charged to building owners whose buildings contain a fire alarm system.

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