4101:1-1-01 Administration.

 

 

 

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

[e-mail]

Email

4101:1-1-01

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Administration.

RULE SUMMARY

1.  Is the rule being filed for five year review (FYR)? 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, 3791.04

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

This rule is being proposed to correct the fee schedule for the Division of Industrial Compliance. The fee for the issuance of a certificate of occupancy was inadvertently deleted when the rule was last amended.

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:

Section 115.10 is being added back into the rule and the remaining subsections are being renumbered in Section 115.

The rule prescribes the overall administrative process for the enforcement of the building codes. The sections include the duties of the building department personnel, the plan review and inspection process, the issuing of orders and the certificate of occupancy, the industrialized unit approval process, the establishment of fees for the division of industrial compliance, etc.

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 or viewed on websites of 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. If applicable, indicate each

specific paragraph of the rule that has been modified:

This rule is being revised to fix a typographical error in the RSFA question #4 (statute authorizing agency to adopt rule) and to add a clarification which helps explain our answer to the RSFA question #19(C).

12.  Five Year Review (FYR) Date: 11/1/2016

(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. 120,000.00

Amendments Group 90 reviewed by CSI Office and adopted by the Board effective January 1, 2016 included fee increases for the Division of Industrial Compliance which were projected to increase fees for a typical 10,000 sq. ft., Group F-1 building by approximately $360. This overall projected fee increase analysis included the presence of the $65 Certificate of Occupancy fee which had been in place for years. The inadvertent removal of this fee for new construction resulted in an unexpected loss to the agency which is now being proposed to be brought back in.

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:

Building owners located within the jurisdiction of the Division of Industrial Compliance in the Department of Commerce have historically been charged a fee of $65 for the issuance of the certificate of occupancy after the building has been inspected and approved. This fee was inadvertently deleted when this rule was last adopted.

This rule amendment is proposing to bring back the fee that had already been in place.

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

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? Yes

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No

No, The rules of the Board do not require a license or permit to operate a line of business. However, this rule does require, prior to commencing construction of or within a building, that a building owner obtain a certificate of plan approval from the building department having jurisdiction. This certificate of plan approval is considered a license to build in accordance with the approved plans. Inspections, conducted during and after construction, verify that the actual work matches the proposed building design.

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No

No, Revised Code § 3781.102 does not authorize the Board to set the fees and/or penalties assessed by local certified building departments in connection with the enforcement of these rules. The owner is required to demonstrate compliance with the rules of the Board through the submission of construction documents to the building department having jurisdiction. In accordance with this rule, if the proposed plans do not comply with the rules of the board, the building department having jurisdiction is required to issue an adjudication order which gives the

building owner the right to appeal.

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? No

No. While this rule does assess a $65 fee for the certificate of occupancy, this fee is not paid to the Board. The fee is paid to the Division of Industrial Compliance, the division that enforces the rules of the Board. Therefore, this rule does not require expenditures or the report of information to the Board as a condition of compliance. However, in accordance with this rule, the building owner is required to obtain a certificate of plan approval and a certificate of occupancy from the building department having jurisdiction. These certificates are evidence that compliance with the rules of the Board has been achieved.