4101:3-4-01 Fixtures, faucets and fixture fittings.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Commerce

Agency Name

 

Board of Building Standards: Ohio Plumbing Regina S. Hanshaw Code

Division                                                                  Contact

 

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

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

 

 

 

4101:3-4-01

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Fixtures, faucets and fixture fittings.

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), 3781.109(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 prescribes the requirements for fixtures, faucets, and fixture fittings. Changes were made to the following model code sections: 403.1, Table 403.1,

403.1.2, 403.2, 403.3, 403.3.1, 403.3.4, 403.4, 403.5, 404.1, 404.2, 405.3.1,

405.3.2, 405.6, 407.1, 407.3, 410.1, 412.2, 416.4, 417.1, 417.6, 418.3, 419.2, 422.9,

and 426.1.

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:

No changes have been made to the previously filed version of this rule. The RSFA has been updated to include additional information in response to Question 15.

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, in dollars, a cost increase or decrease in the design cost of a building as a result of this proposed rule change. In conjunction with a team of constituent code experts, however, the Board has evaluated the overall cost impact of the significant changes included in a proposed rule change within a range of high savings impact, moderate savings impact, neutral impact, moderate cost impact, and high cost impact.

This proposed rule change has been determined to have a neutral impact as well as a neutral impact when intangibles are taken into account. Additional information regarding these findings and the findings of the cost impact of the entire Ohio Plumbing Code can be found in the attachment to this RSFA.

Note: While not a direct cost of compliance, persons affected by this rule may obtain a collection of rules 4101:3-1-01 to 4101:3-13-01 published by the International Code Council or Thomson West Publishing and known as the Ohio Plumbing Code. At filing, the Ohio Plumbing Code can be purchased at a cost of

$84.00 from the International Code Council and at a cost of $130.00 from Thomson

West Publishing. Traditionally, the Board has made these codes available to the public at no cost on the Board's website:

http://www.com.ohio.gov/dico/BBS.aspx

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

                                                                                                                                             

THIS RULE: In 2010, the Board's Code Committee and an assembled team of constituent code experts performed an evaluation of the impact of the proposed rule changes to the Ohio Building, Mechanical, and  Plumbing  Codes.  The  overall results of the code scoring efforts for this rule are shown below in Table 1 below. The significance of the score for this rule is indicated in the Score Impact Ranges table shown in Table 3 below.

TABLE 1

Rule 4101:3-4-01
Savings Score - Cost Score	-0.20
Savings Score - Cost Score + Intangibles Score	2.06

ALL RULES: The overall results of the code scoring efforts were tabulated, normalized, and are summarized in Table 2 below. The code scoring methodology and the resultant score values by individual code rule are shown in a report available on the Board of Building Standards' web site.

The resulting evaluation code scores for the Building Code rules and for all proposed code rules (Building, Mechanical, and Plumbing) are shown below in Table 2. The significance of these score is indicated in the Score Impact Ranges table shown in Table 3 below.

TABLE 2

	OPC Code Score	Mean OBC, OMC, OPC Total Score
Savings Score - Cost Score	-0.11	0.14
Savings Score - Cost Score + Intangibles Score	2.22	2.62

TABLE 3

Score Impact Ranges
High Savings Impact	?12 to 18
Moderate Savings Impact	? 5 to<12
Neutral Impact	< -2 to<5
Moderate Cost Impact	? -2 to<-7
High Cost Impact	?-7 to -10

SUMMARY: With mean scores of 0.14 and 2.62, the overall effect of the proposed changes to all three codes (Building, Mechanical, and Plumbing) is shown to be solidly within the neutral impact results range. These results validate that an appropriate balance between  savings and cost has been maintained as well as assuring that Ohio's citizens are living in a safe and sanitary built environment ensuring their continued health, safety, and security.