Ohio Adm.Code 1301:3 | Ohio Administrative Code 1301:3 — Department of Commerce | Division of Industrial Compliance

Chapter 1301:3-2 Plumbing Permit, Reinspection Fees

Ohio Adm.Code 1301:3-2-01 Permit fees.

(A) The fees for examination and processing of construction documents when required to be submitted to the division of industrial compliance, except medical gas piping systems and temporary structures, shall be in accordance with Table A of this rule. The certificate of occupancy or certificate of completion specified in section 111.1 of rule 4101:1-1-01 of the Administrative Code will not be issued until the applicable fees have been paid in accordance with Table A of this rule.

Exception: Fees for alteration or change of occupancy as determined by the building official shall be based on the actual area affected by the alteration or change of occupancy which may extend beyond the limits of construction.

Table A - DIC Schedule of Fees

Scope ofWork	Processing Fee	Fee for Plans Examination and a Minimum of FiveInspections
(1)Structural	$370.00	$14.00/100 sq. ft. gross area of each floorlevel
(2)Mechanical	$370.00	$9.00/100 sq. ft. gross area of each floorlevel
(3)Electrical	$370.00	$9.00/100 sq. ft. gross area of each floorlevel
(4)Plumbing	$370.00	$20.00/trap, vented fixture, appliance, ordevice
(5) Fire alarmsystems	$370.00	$9.00 per device
(6) Automatic sprinkler and other fire suppressionsystems (all suppressed areas)	$370.00	$9.00/100 sq.ft. gross area of each floor level
(7) Industrial unit	$270.00	$2.50/100 sq.ft. gross area of each floor level

(B) Alternate review. The division of industrial compliance may establish a written policy for the alternative examination and processing of construction documents. The policy shall comply with rule 4101:1-1-01 of the Administrative Code. The fee for the examination and processing of construction documents in accordance with the policy shall be in addition to fees otherwise required by this rule but shall not exceed three hundred seventy dollars per each scope of work listed in Tables A and B of this rule.

(C) Additional inspections. The division of industrial compliance may establish a written policy for the maximum number of inspections required by sections 108.2 and 105.1.1 of rule 4101:1-1-01 of the Administrative Code that may be included in the fees set forth in Tables A and B of this rule. Inspections in excess of the maximum number established by the division of industrial compliance shall be subject to a fee of two hundred dollars per inspection.

(D) Resubmissions. The fees set forth in Table A of this rule shall include one initial plan review and up to two resubmission plan reviews to resolve issues resulting from correction letters. The fee for plan review after the second resubmission shall be one hundred thirty-five dollars for each additional resubmission.

(E) Re-stamping. The processing fee for re-stamping additional sets of construction documents after initial plan approval shall be one hundred thirty-five dollars.

(F) Amended construction documents. The processing fee for amended construction documents submitted to the division of industrial compliance in accordance with section 106.3 of rule 4101:1-1-01 of the Administrative Code shall be three hundred thirty-five dollars. The fee for plans examination of amended construction documents submitted to the division of industrial compliance in accordance with section 106.3 of rule 4101:1-1-01 of the Administrative Code shall be one hundred thirty-five dollars per hour for each submission.

(G) Phased plan approval. The fees for plan examination and processing of a phased plan approval request per section 105.4 of rule 4101:1-1-01 of the Administrative Code shall be in accordance with Table A and paragraph (B) of this rule for the initial phase submission of each scope of work. The processing fee for plan examination of each subsequent phase of submission shall be three hundred thirty-five dollars.

(H) Medical gas piping systems.

(1) The fees for examination and processing of construction documents for medical gas piping systems when required to be submitted to the division of industrial compliance shall be in accordance with Table B of this rule.

(2) Additional inspections. The division of industrial compliance may establish a written policy for the maximum number of inspections required by sections 108.2 and 105.1.1 of rule 4101:1-1-01 of the Administrative Code that may be included in the fees set forth in Table B of this rule for medical gas piping systems. Inspections in excess of the maximum number established by the division of industrial compliance shall be subject to a fee of two hundred dollars per inspection.

Table B - DIC Medical Gas Schedule of Fees

Medical Gas Piping System Processing, Plans Examination, andInspections	Fee (includes a minimumof two inspections)
Processing	$370.00
Plans examination	$370.00
Perroom (with outlets) and equipment rooms	$14.00
Perzone valve assembly	$34.00
Persystem	$34.00
Per"tie-in"	$34.00

(I) Temporary structure fee. The fee for the review and inspection of temporary structures as referenced in section 102.8 of rule 4101:1-1-01 of the Administrative Code shall be two hundred dollars per each scope of work. This fee allocates one inspection for each scope of work. The fee for inspections after normal business hours shall be one hundred seventy-five dollars per hour.

(J) Preliminary review. The fee for preliminary construction document examination for the purpose of determining compliance with the provisions of the rules of the board of building standards by the division shall be one hundred seventy-five dollars per hour.

(K) Inspection fees. The fee for each inspection during normal business hours, other than those required by sections 108.2 and 105.1.1 of rule 4101:1-1-01 of the Administrative Code, shall be two hundred dollars per inspection. The fee for inspections conducted after normal business hours shall be one hundred seventy-five dollars per hour. Requests for all inspections shall be in writing to the division and the fee shall be paid prior to the inspection.

Fees for an application pursuant to section 105.1.1 of rule 4101:1-1-01 of the Administrative Code shall include a processing fee of one hundred fifty dollars. The fee for periodic inspections conducted by the division of industrial compliance shall include the hourly inspection rate and expenses such as food, lodging, and administrative costs. All such fees shall be paid by the holder of an annual approval.

(L) Reinspection fee. The fee for each reinspection shall be two hundred dollars. A reinspection shall be required when the inspector must return to inspect work that was not ready or had failed a previous inspection.

(M) Related fees. In addition to the fees required by this rule, a fee of five dollars for making inspections and each application for acceptance and approval of construction documents per scope of work shall be collected on behalf of the board of building standards.

The fee shall be deposited, pursuant to section 121.084 of the Revised Code, to the credit of the board of building standards. The division shall report on the amount of the fees collected and deposited to the credit of the board not later than forty-five days following the end of the first full month's collection and then monthly afterward.

(N) Late fee. Any person who fails to pay an inspection fee required for any inspection conducted by the department of commerce pursuant to Chapters 3781. and 3791. of the Revised Code, except for fees charged for the examination and processing of construction documents, within forty-five days after the inspection is conducted shall pay a late payment fee equal to twenty-five per cent of the inspection fee.

(O) Certificate of occupancy or certificate of completion. The fee for each certificate of occupancy or certificate of completion issued in accordance with section 111 of rule 4101:1-1-01 of the Administrative Code shall be ninety dollars.

(P) Annual approval for alterations. The fee for each annual approval for an individual applicant issued in accordance with section 105.1.1 of rule 4101:1-1-01 of the Administrative Code shall be eight hundred eighty dollars.

(Q) Welding and brazing procedure specification review. The fee for the review of each piping welding and brazing specification submitted in accordance with section 4104.44 of the Revised Code shall be sixty dollars.

(R) Welding and brazing procedure qualification record review. The fee for the review of each procedure qualification record submitted in accordance with section 4104.44 of the Revised Code shall be fifteen dollars.

(S) Welding and brazing performance qualification review. The fee for the review of each performance qualification submitted in accordance with section 4104.44 of the Revised Code shall be fifteen dollars.

Last updated January 5, 2026 at 10:09 AM

History

Effective: January 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 4101:1-1-01

This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.

View Rule Text

Last updated October 15, 2025 at 1:02 AM

History

Effective: October 15, 2025
Promulgated Under: 119.03

Chapter 1301:3-3 Bedding Laboratory Fees

Ohio Adm.Code 1301:3-3-01 Bedding lab fees.

In accordance with division (C) of section 3713.04 of the Revised Code, the fees for the following tests and laboratory analyses performed by the bedding laboratory of the division of industrial compliance of the Ohio department of commerce shall be as follows:

(A) Percentage charge: For the calculation by weight of component percentages, in which each component is separated and weighed to the gram on certified scales, the fee shall be fifty-five dollars.

(B) Fibers and other natural and man made materials: For the testing and analysis of the percentage of fibers and other natural and man-made materials, the fee shall be fifty-five dollars.

(C) Macroscopic evaluation: For the visual inspection to obtain information on the distinctive characteristics of the specimen and to determine if additional tests are required, the fee shall be fifty-five dollars.

(D) Microscopic analysis: For the examination under magnification, including the mounting of a specimen on a slide, to note the longitudinal and cross-sectional appearance and comparison to known fibers, the fee shall be fifty-five dollars for each fiber type.

(E) Man-made fiber identification: For the examination under high magnification of man-made fibers, including the mounting of a specimen on a slide, the fee shall be sixty dollars. The fee for man made fiber identification shall not include chemical analyses.

(F) Fiber composition: For the qualitative and quantitative identification of fiber type which shall be obtained by subjecting a specimen to a series of numerical sequenced chemical solubility tests, the fee shall be ninety dollars for each fiber type.

(G) Chemical and microscopial analysis: For the analysis of a specimen under the microscope, at low and high magnification, and, if necessary, by means of a chemical solubility test, to determine the composition of a sample, the fee shall be one hundred ten dollars per fiber.

(H) Feather and fiber separation: For the quantitative chemical and/or mechanical analysis to determine the percentage of feathers and fiber in an identified blend, the fee shall be one hundred ten dollars.

(I) Down and fiber separation: For the quantitative chemical and/or mechanical analysis to determine the percentage of down and fiber in an identified blend, the fee shall be one hundred ten dollars.

(J) Content without species identification: For the quantitative analysis done by hand separation using forceps to determine the percentage of feathers and own in a sample, the fee shall be one hundred fifty dollars.

(K) Content and species: For the qualitative and quantitative analysis done by hand separation using forceps and a microscope, and the mounting of feathers and plumage specimens for comparison to reference standards, the fee shall be two hundred dollars.

Last updated November 5, 2021 at 9:04 AM

History

Effective: November 5, 2021
Promulgated Under: 119.03

Chapter 1301:3-4 Historical Boilers

Ohio Adm.Code 1301:3-4-01 Definitions and limitations.

(A) "Open to the public" means any event that is attended by one hundred twenty-five or more people at any time or that takes place within five hundred yards of one hundred twenty-five or more people.

(B) The smallest historical boilers that are subject to sections 4104.32 to 4104.36 of the Revised Code are those in excess of sixteen inches interior diameter of the shell of the boiler.

(D) "Veteran" means anyone who is serving or has served under honorable conditions in any component of the armed forces of the United States, including the national guard and reserve.

(E) A historical boiler is being attended when a licensed operator has taken responsibility for the operation of the boiler and is close enough to the boiler to be aware of and respond to any abnormal situation that might arise while the boiler is in operation.

(F) "Safety committee appointed by the board" means a general inspector employed by the division of industrial compliance and up to three individuals selected by the general inspector to assist the general inspector with the performance of the hydrostatic test required by section 4104.36 of the Revised Code, which may include the owner or operator of the historical boiler.

Last updated August 5, 2025 at 7:31 AM

History

Effective: August 5, 2025
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-4-02 Attendance at operation of historical boilers, proper use and maintenance, and logbook.

(A)

(1) A historical boiler shall not be left unattended when in operation in places open to the public.

(2) For purposes of this chapter, a traction engine may be considered as not being in operation when all of the following conditions exist:

(3)

(a) The water level is at least one-third of the water gage glass;

(b) The header or dome valve is in a closed position, if applicable;

(d) The fire is banked or extinguished; and

(e) The boiler pressure is at least twenty pounds per square inch below the safety valve relieving pressure.

(B) All piping components shall be used in the manner for which they were designed and not exceed the manufacturer's marked rating. Below the water line, schedule eighty black pipe shall be used from the boiler to the first valve.

(C) The owner of each historical boiler shall keep and maintain a maintenance logbook, and furnish it, upon request, to the inspector. The logbook shall include, but not be limited to, the following information:

(1) Boiler information, including:

(a) The number and location of a boiler serial number, identification number, or other permanent marking on the boiler sufficient to identify the boiler with specificity;

(b) The number and location of a safety valve serial number, identification number, or other permanent marking on the safety valve sufficient to identify the set pressure and capacity of the safety valve;

(c) The heating surface of the boiler shall be as reported in the manufacturer's specifications or be calculated by a method acceptable to the inspector;

(2) Inspection dates and findings;

(3) Events and dates attended by the general public where the boiler was operated;

(4) Failures;

(5) Repairs; and

(6) Performed maintenance, including, but not limited to, the replacement of a fusible plug or a safety valve.

(D) No historical boiler and its appurtenances shall be operated at a pressure in excess of the safe working pressure for the boiler as stated on the certificate of operation for that boiler issued pursuant to section 4104.36 of the Revised Code.

Last updated August 5, 2025 at 7:32 AM

History

Effective: August 5, 2025
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-4-03 Operating criteria - required equipment.

All historical boilers shall be equipped with the following:

(A) A safety valve, certified by the national board of boiler and pressure vessel inspectors, set to relieve at or below the safe working pressure of the boiler. The safety valve shall be sealed in a manner that does not allow tampering with the valve setting without destroying the seal. The boiler may be equipped with a y-base or an unrestricted tee to accommodate the installation of multiple safety valves, as necessary. During an operational inspection, it shall be demonstrated to the inspector that the certified safety valve lifts at its certified setting with live steam only. The required pressure relief valve capacity shall not be less than seven pounds per hour per square foot of heating surface of the boiler.

(B) A pressure gage connected to its steam space. The gage shall contain some form of a siphon device, which develops and maintains a water seal that prevents steam from entering the gage tube. The gage shall be proven accurate each year by being tested with a dead weight tester or an approved calibrated test gage. The results of the test shall be documented in the logbook and furnished to the inspector.

(C) A fusible plug manufactured to conform to section I appendix A-19 of the 2023 ASME Boiler and Pressure Vessel Code with "ASME Std." stamped on the filler material. Fusible plugs shall be replaced every three years, and the replacement shall be witnessed by the inspector. Fireside fusible plugs shall protrude a minimum of one inch into the water. Waterside fusible plugs shall not protrude into the fire area more than three quarters of an inch. Fusible plugs shall not be refilled.

(D) A fully operational gage glass fitted with a protective guard. The gage glass shall indicate the minimum safe operating water level and be provided with a drain valve or petcock.

(E) Fully operational try-cocks correctly located in reference to the minimum required water level.

Last updated August 5, 2025 at 7:32 AM

History

Effective: August 5, 2025
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-4-04 Initial certification of historical boilers.

(A) Before the initial certification of a historical boiler, the boiler and its appurtenances shall be subjected to a nondestructive design evaluation at the boiler's maximum allowable working pressure. The maximum allowable working pressure shall be no more than the current safety valve setting, which shall be no more than one hundred eighty pounds per square inch. The hydrostatic test pressure shall be one and one quarter of the safety valve setting, but in no case greater than two hundred twenty-five pounds per square inch, except for railway locomotives for which the safety valves may be set in accordance with the manufacturer's specifications.

(B) Before the initial certification of a historical boiler, all historical boilers and their appurtenances shall be inspected thoroughly, internally and externally, and under operating conditions by inspectors designated by the chief boiler inspector of the boiler section in the division of industrial compliance in the department of commerce. The internal and external inspection under operating conditions shall, at a minimum, include an inspection of all of the following:

(1) Smoke box;

(2) Barrel;

(3) Wrapper sheet;

(4) Water column and water glass;

(5) Firebox;

(6) Stays;

(7) Fusible plug;

(8) Threaded openings;

(9) Inspection openings;

(10) Pressure gage;

(11) External plumbing and piping;

(12) Injectors;

(13) Pipe schedule and valve ratings;

(14) Tubes;

(15) Tube sheets; and

(16) Steam safety valve.

(C) During the initial certification of a historical boiler, the inspector may ultrasonically evaluate a historical boiler or any portion thereof for cause.

Last updated April 4, 2025 at 10:06 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-4-05 Repairs and alterations.

(A) All welded repairs or alterations to any historical boiler subject to inspection in accordance with sections 4104.32 to 4104.37 of the Revised Code shall be made by a person certified as a welder in accordance with Section IX of the 2023 edition of the American society of mechanical engineers (ASME) Boiler and Pressure Vessel Code, titled welding and brazing qualifications, published July 1, 2023, a publication of general availability in the industry.

(B) All welded or riveted repairs or any alteration to any historical boiler subject to inspection in accordance with sections 4104.32 to 4104.37 of the Revised Code shall be made using the materials as shown on the following table:

Materials for welded or riveted repairs and alterations

Application	MaterialSpecification
BoilerTubes and Flues, Arch Tubes, Superheated Units	SA-178 Grade A Tube, SA-192 Tube, SA-210Tube
Boiler and FireboxPlate	SA-285 Grade C Plate, SA-515Plate, SA-516 Plate, SA-203 Plate, SA-204 Plate
Staybolts	SA-675 Bar, SA-36 Bar, ASTM A-31-95 Bar
Staybolt Sleeves and Caps	SA-105 Forged Pipe Fittings, SA-675Bar
BoilerBraces	SA-675 Bar, SA-36Bar
Rivets	SA-675 Bar, ASTM A-31-95 Bar,SA-31
Forged Parts andFittings	SA-105 Forged PipeFittings, SA-181 Forged Pipe Fittings, SA-217
Pressure Retaining Steel Castings	SA-216 Steel Casting, SA-217 SteelCasting
HollowCylindrical Pressure Retaining Parts	SA-105 Forged Pipe Fittings, SA-675 Bar
Superheater Unit Bolts and Nuts	SA-193 Bolts, SA-194 Nuts
Pipe Flanges	SA-181 Forged Pipe Fittings, SA-105 Forged PipeFittings
Pipes	SA-106 Pipe,SA-53 Seamless Pipe
Bronze Castings and Washout Plugs	SB-61 Bronze Cast Fittings, SB-62 Bronze CastFittings

Note: See "ASME Section II for Other Acceptable Section I Materials."

(C) All welded or riveted repairs or any alteration to any historical boiler subject to inspection in accordance with sections 4104.32 to 4104.37 of the Revised Code shall be made in conformity with or shall exceed generally accepted engineering standards in place at the time of original construction or current standards.

Last updated August 5, 2025 at 7:32 AM

History

Effective: August 5, 2025
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-4-06 License revocation proceedings.

(A) License revocation proceedings hearings held under sections 4104.32 to 4104.37 of the Revised Code shall be conducted in conformity with Chapter 119. of the Revised Code relating to adjudication hearings. In the event of any conflict between the provisions of sections 4104.32 to 4104.37 of the Revised Code and Chapter 119. of the Revised Code, any specific provisions of sections 4104.32 to 4104.37 of the Revised Code shall prevail over general provisions of Chapter 119. of the Revised Code.

(B) Subject to the provisions of sections 4104.32 to 4104.37 of the Revised Code and Chapter 119. of the Revised Code relating to adjudication hearings, the superintendent of industrial compliance may designate any person to appear on behalf of the division of industrial compliance at an administrative hearing held under sections 4104.32 to 4104.37 of the Revised Code.

(C) The board may deny the application for licensing or revoke the license of any person who operates a historical boiler in this state in violation of section 4104.32 of the Revised Code or any existing or former law of any state substantially equivalent to section 4104.32 of the Revised Code.

(D) The board may deny the application for a certificate of operation or revoke the certificate of operation for any historical boiler in this state that has been operated in violation of sections 4104.32 to 4104.37 of the Revised Code. Where the inspector finds that a historical boiler or a part thereof poses an imminent danger of death or serious physical harm to persons, the inspector may seal the historical boiler and order the boiler operator to immediately cease the historical boiler's operation.

Last updated August 5, 2025 at 7:32 AM

History

Effective: August 5, 2025
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-4-07 License application and standards for re-qualifying after revocation.

(A) The standards for re-qualifying for a license after revocation of a license in accordance with the historical boiler provisions of section 4104.35 of the Revised Code are the same as those criteria established for initial licensing in section 4104.35 of the Revised Code, except that the historical boilers licensing board may, at the time of an application for re-qualification after revocation, require an applicant for re-qualification to repeat completion of any of the criteria set out in section 4104.35 of the Revised Code, and the board may, in its order of revocation, prescribe a period of time, not to exceed one year, following the date of the final order of revocation during which an applicant for re-qualification would be prohibited from re-qualifying for a license.

(B) For the purposes of licensing in accordance with section 4104.35 of the Revised Code:

(1) Actual operating experience or training in the operation of historical boilers shall be verified by a person licensed as an operator of historical boilers in accordance with section 4104.35 of the Revised Code or Section 2 of Substitute House Bill 344 of the 124th General Assembly.

(2) Approval by the board of written or oral examinations that test for competence in operating historical boilers may be granted to any person who demonstrates that they have substantial experience in the operation of historical boilers, in the administration of objective, professional tests, and in the establishment of procedures and in the maintenance of records necessary to document the fair administration, scoring, and reporting of objective, professional tests. Any oral examination administered in accordance with this rule shall be administered in the presence of an employee of the Ohio division of industrial compliance.

(3) An application for licensing submitted in accordance with the provisions of section 4104.35 of the Revised Code shall be made on a form provided by the Ohio division of industrial compliance.

(C) For the purposes of division (G) of section 4104.34 of the Revised Code, historical boiler operator's courses required by division (A)(2) of section 4104.35 of the Revised Code shall be approved by the board.

(D) In accordance with section 5903.03 of the Revised Code, there are no military programs of training, military primary specialties, and lengths of service that are substantially equivalent to or exceed the educational and operating experience requirements set forth in division (B)(1) of section 4104.35 of the Revised Code. A veteran's relevant military experience, education, and training will be considered when determining whether the veteran has met all or part of the requirements for licensure. A veteran should provide all relevant military documentation demonstrating his or her military experience, education, and training to assist the board in its determination.

Last updated August 5, 2025 at 7:32 AM

History

Effective: August 5, 2025
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-4-08 Standards for conducting and reporting hydrostatic tests.

(A) All historical boilers shall pass a hydrostatic test at one and one-quarter of the boiler's maximum allowable working pressure every three years or more frequently if required by the inspector. The triennial hydrostatic test shall be conducted in the presence of a general inspector. Upon successful completion of the hydrostatic test and all other aspects of the inspection, the inspector shall issue a sticker indicating the approved boiler's maximum allowable working pressure and the year and month the inspection was performed. The sticker shall be prominently displayed on the boiler.

(B) A hydrostatic test of a historical boiler shall be conducted at a pressure one and one-quarter of the maximum allowable working pressure of the boiler. An accurate test gage shall be used when hydrostatically pressure testing a historical boiler. The boiler gage may be calibrated against the test gage. The water temperature during the test shall be between sixty and one hundred twenty degrees Fahrenheit. The required hydrostatic test pressure shall be maintained for the duration of the inspection without distortion or leakage in any of the pressure retaining boundaries or appurtenances of the boiler. A report of the hydrostatic test shall be submitted to the division of industrial compliance within fifteen days of the date of the test. Upon successful completion of a hydrostatic test and submittal of the test form, the division shall issue a sticker indicating the test's successful completion date. The sticker shall then be applied to the boiler's certificate of operation as proof of completion of the required triennial hydrostatic test for a historical boiler.

Last updated April 4, 2025 at 10:06 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-4-09 Standards for the public display and operation of historical boilers in this state by historical boiler operators who reside outside of this state.

The standards for the public display and operation of historical boilers in this state by historical boiler operators who reside outside of this state shall be the same as those for the public display and operation of historical boilers in this state by historical boiler operators who reside in this state, except that the board may accept by order the licensing of operators and the inspection of boilers from any other state or province that has requirements substantially equivalent to Ohio.

Last updated April 4, 2025 at 10:06 AM

History

Effective: November 30, 2006
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-4-10 Triennial inspection fee.

(A) The fee for the inspection of historical boilers conducted pursuant to division (B) of section 4104.36 of the Revised Code is one hundred fifty dollars.

(B) Any moneys collected for the inspection of historical boilers conducted pursuant to division (B) of section 4104.36 of the Revised Code shall be paid into the state treasury to the credit of the industrial compliance operating fund created in section 121.084 of the Revised Code.

Last updated August 5, 2025 at 7:33 AM

History

Effective: August 5, 2025
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-4-11 Procedure for notice of public meetings and rule filing.

(A) The board shall post a schedule of all regularly scheduled meetings on the website of the division of industrial compliance. Any person may determine the time and place of all regularly scheduled meetings by writing to the historical boilers licensing board at "6606 Tussing Road, Reynoldsburg, Ohio, 43068," or calling the board at (614) 644-2223 between the hours of eight a.m. and five p.m., Monday through Friday. Additionally, any person, upon request, may obtain reasonable advance notification of all meetings at which a specific type of public business is to be discussed.

(B) The board shall post a schedule of all special meetings on the website of the division of industrial compliance. Any person may determine the time and place of all specially scheduled meetings by writing to or calling the historical boilers licensing board using the contact information listed above.

Any representative of the news media may obtain notice of all special meetings by requesting in writing that such notice be provided. A request for such notification shall be addressed to the historical boilers licensing board at "6606 Tussing Road, Reynoldsburg, Ohio, 43068." The request shall provide the name of the individual media representative to be contacted, the representative's mailing address, and a maximum of two telephone numbers where the representative can be reached. The board shall maintain a list of all representatives of the news media who have requested notice of special meetings pursuant to this rule.

In the event of a special meeting, the board shall notify all media representatives on the list of such meeting by doing one of the following: sending written notice, which must be mailed no later than five calendar days prior to the event of the special meeting, or notifying such representatives by telephone no later than twenty-four hours prior to the special meeting; or informing such representative personally no later than twenty-four hours prior to the special meeting.

(C) In the event of an emergency meeting, the board shall notify all media representatives, who have requested such notification, of such meeting by providing telephone notification immediately following the scheduling of an emergency meeting; or personal notification immediately following the scheduling of the emergency meeting.

(D) Prior to the adoption, amendment, or rescission of any rule, the board shall give public notice thereof, as provided in section 119.03 of the Revised Code and rule 1301-1-01 of the Administrative Code.

(E) The notice required by paragraphs (B) and (C) of this rule shall be deemed complete if a telephone message has been left for the representative at the phone number provided to the board or if the board has made reasonable effort to make contact with the representative by telephone, despite ultimately not being able to reach the representative or leave a message.

Last updated August 5, 2025 at 7:33 AM

History

Effective: August 5, 2025
Promulgated Under: 119.03

Ohio Adm.Code 1301-1-01

(A) Whenever the director of the department of commerce proposes to adopt, amend or rescind any rule or regulation which the director is authorized by law to do, the department of commerce will hold a public hearing. The hearing will be held at least thirty days after the proposed rule changes have been filed pursuant to section 119.03 of the Revised Code and after reasonable public notice has been given pursuant to this rule.

(B) Public notice shall consist of a statement of the department's intention to adopt, amend or rescind a rule, a general statement of the subject matter to which the proposed rule adoption, amendment, or rescission relates, a statement of the purpose for adopting, amending, or rescinding the rule, and a statement designating the date, time and place of the hearing.

(C) Pursuant to section 119.037 of the Revised Code, at least thirty days prior to the date of the hearing, public notice shall be published in the register of Ohio on the internet at http://www.registerofohio.state.oh.us. Public notice may also be published on the department's web site, however, such department web site notice shall not be mandatory, and failure to give such additional notice shall not invalidate any action that may be taken by the director.

Last updated July 16, 2024 at 2:53 PM

History

Effective: December 26, 2003
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-4-20 Grandfathering.

(A) For the purposes of licensing in accordance with Section 2 of Substitute House Bill 344 of the 124th General Assembly:

(1) "Engaged in operating historical boilers in public for at least two years before the effective date of this act" means that during at least two of the five twelve-month periods prior to October 24, 2002, the individual applicant personally operated and attended the operation of one or more historical boilers that would meet the definition of historical boiler in division (B) of section 4104.31 of the Revised Code in a location open to the public as a whole, whether or not such persons are required to pay any admission or other fee.

(B) An application for licensing submitted in accordance with Section 2 of Substitute House Bill 344 of the 124th General Assembly shall be made on a form provided by the Ohio division of industrial compliance.

(C) An applicant seeking to establish qualifications pursuant to paragraph (A) of this rule shall apply within one year of the effective date of this paragraph.

Last updated August 5, 2025 at 7:33 AM

History

Effective: August 5, 2025
Promulgated Under: 119.03

Chapter 1301:3-5 Boiler Inspection

Ohio Adm.Code 1301:3-5-01 Definitions.

As used in Chapter 1301:3-5 of the Administrative Code:

(A) "National Board" shall mean the national board of boiler and pressure vessel inspectors. Reference material from this organization can be obtained at www.nationalboard.org or by calling 614-888-2463.

(B) "Division" or "division of industrial compliance" shall mean the division of industrial compliance in the Ohio department of commerce.

(C) "Inspector" shall mean a person holding a valid certificate of competency to inspect boilers and pressure vessels in accordance with section 4104.07 of the Revised Code.

(D) "Superintendent" shall mean the superintendent of the division of industrial compliance.

Last updated January 5, 2026 at 10:05 AM

History

Effective: January 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-5-02 Inspection of boilers; preparation for inspection; hydrostatic tests.

(A) Upon completion of an installation, the boiler shall be inspected by an inspector. At the time of the inspection, the inspector shall stamp each boiler with a serial number provided to the inspector by the boiler section at the Ohio division of industrial compliance. The stamping shall not be concealed by lagging or paint and shall be exposed at all times. The inspection shall be reported to the superintendent.

(B) A boiler that is subject to inspection shall be prepared for inspection by the owner or user of the boiler when notified by the inspector in accordance with this rule.

(1) Shut down and cool the boiler slowly;

(2) Thoroughly clean the fire side of the boiler and setting;

(3) Drain water from the boiler and remove all manhole and handhole plates, washout plugs, water column plugs, and any other inspection openings;

(4) Clean the water side of the boiler, remove all loose scale and mud, and wash out the boiler thoroughly;

(5) Close and secure feed water and blowoff valves prior to entry into a boiler or drum; and

(6) Make any other preparation required by the inspector.

(D) If a boiler has not been properly prepared for an internal inspection, or the owner or user fails to comply with the requirements for a hydrostatic test as set forth in this chapter, the inspector may decline to make the inspection and no certificate of operation shall be issued or renewed until the boiler has passed an inspection performed by an inspector.

(E) If, in the judgment of the inspector, it is advisable to apply a hydrostatic test to a boiler, the owner or user shall prepare for and perform the test, which shall be witnessed by the inspector.

Last updated January 5, 2026 at 10:05 AM

History

Effective: January 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-5-03 Inspection reports.

(A) All inspection reports shall be submitted to the superintendent within thirty days of the date of inspection.

(B) Inspections shall be reported on forms supplied by the superintendent or as follows:

(1) The national board form NB-5, "Boiler or Pressure Vessel Data Report - First Internal Inspection," shall be used when reporting:

(a) The initial internal inspection following the installation of the boiler;

(b) The first inspection after location or ownership of the boiler has changed; or

(c) A major repair. The report of an inspection made following a major repair shall include a description of the repair with necessary sketches.

(2) The national board form NB-6, "Boiler-Fired Pressure Vessel - Report of Inspection," shall be used when reporting all inspections of boilers required to be inspected periodically where a renewal of the certificate of operation is required.

Last updated June 3, 2025 at 11:13 AM

History

Effective: February 7, 2020
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-5-04 Notification of unsafe working condition; requirements for cover removal; notification of accident.

(A) If, in the course of any inspection, an inspector finds that the boiler or pressure vessel is not in safe working condition, is not provided with the fittings necessary for safety, or that the fittings are improperly arranged, the inspector shall immediately notify the superintendent, the owner or user, and the person in charge of the boiler or pressure vessel of the inspector's finding. The superintendent may deny, revoke, or refuse to renew the certificate of operation of any boiler or pressure vessel that is found to not be in safe working condition, and the owner or user shall not operate the boiler or pressure vessel or permit it to be operated until a certificate of operation has been granted or restored.

(B) If an inspector determines upon an external or internal inspection that a boiler or pressure vessel has a leak or crack, the inspector may require that a sufficient amount of the covering of the boiler or pressure vessel be removed in order to inspect the boiler or pressure vessel to determine its safety. When an inspector requires that the covering of a boiler or pressure vessel be removed after having determined that a boiler or pressure vessel has a leak or crack, the boiler or pressure vessel shall not be operated until the boiler or pressure vessel has passed an inspection by an inspector.

(C) In the event that an accident occurs affecting the safety of a boiler or pressure vessel that serves to render the boiler or pressure vessel inoperable, the owner or user shall immediately notify the superintendent and submit a detailed report of the accident. In the case of a serious accident, such as an explosion or other accident causing personal injury, the owner or user shall immediately notify the division's boiler section chief by telephone, electronic mail, or other means of immediate communication, with receipt confirmed, and except as necessary to protect human life or to facilitate emergency response, the boiler or pressure vessel and any of its parts shall not be removed or disturbed before an examination has been made by an inspector of the division of industrial compliance.

Last updated June 3, 2025 at 11:13 AM

History

Effective: February 7, 2020
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-5-05 Certificate of operation.

(A) The initial certificate of operation shall be issued upon receipt of the fee and approval of the inspection report by the superintendent and shall expire in the number of calendar years applicable to the stated term of the certificate. Annual certificates shall expire one calendar year following the date of initial issuance. Biennial certificates shall expire two calendar years following the date of initial issuance. Triennial certificates shall expire three calendar years following the date of initial issuance. Quinquennial certificates shall expire five calendar years following the date of initial issuance.

(B) Prior to the renewal of a certificate of operation, the owner or user shall file a timely report of inspection with the division of industrial compliance that states that the boiler has been inspected and approved during the time period applicable to that boiler. Annual inspections shall be completed each year. Boilers with biennial certificates shall be inspected once within the two calendar years following the date of issuance or renewal of the certificate, whichever occurred last. Boilers with triennial certificates shall be inspected once within the three calendar years following the date of issuance or renewal of the certificate, whichever occurred last. Boilers with quinquennial certificates shall be inspected once within the five years following the date of issuance or renewal of the certificate, whichever occurred last.

(D) A certificate of operation issued in accordance with sections 4104.15 and 4104.17 of the Revised Code shall be valid until the expiration date unless revoked or suspended by the superintendent.

Last updated June 3, 2025 at 11:14 AM

History

Effective: February 7, 2020
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-5-05.1 Fees.

In accordance with section 4104.18 of the Revised Code, the fees related to this section are as follows:

(A) The owner or user of a boiler required under section 4104.12 of the Revised Code to be inspected upon installation, and the owner or user of a boiler for which a certificate of inspection has been issued that is replaced with an appropriate certificate of operation, shall pay to the superintendent of industrial compliance an initial certificate of operation fee in the following amount, as applicable:

(1) One hundred ten dollars for boilers subject to annual inspections under section 4104.11 of the Revised Code;

(2) Two hundred twenty dollars for boilers subject to biennial inspection under section 4104.13 of the Revised Code;

(3) Three hundred thirty dollars for boilers subject to triennial inspection under section 4104.11 of the Revised Code;

(4) Five hundred fifty dollars for boilers subject to quinquennial inspection under section 4104.13 of the Revised Code.

(B) The owner or user of a boiler required under section 4104.12 of the Revised Code to be inspected upon installation, and the owner or user of a boiler for which a certificate of inspection has been issued that is replaced with an appropriate certificate of operation, shall pay to the superintendent of industrial compliance an annual certificate of operation renewal fee in the following amount, as applicable;

(1) One hundred ten dollars for boilers subject to annual inspections under section 4101.11 of the Revised Code;

(2) Two hundred twenty dollars for boilers subject to biennial inspections under section 4104.13 of the Revised Code;

(3) Three hundred thirty dollars for boilers subject to triennial inspections under section 4104.11 of the Revised Code;

(4) Five hundred fifty dollars for boilers subject to quinquennial inspections under section 4104.13 of the Revised Code.

(C) The fee for complete inspection during construction by a general inspector on boilers and pressure vessels manufactured within the state shall be forty-six dollars per hour. Boiler and pressure vessel manufacturers other than those located in the state may secure inspection by a general inspector on work during construction, upon application to the superintendent, and upon payment of a fee of thirty-five dollars per hour, plus the necessary traveling and hotel expenses incurred by the inspector.

(D) The application fee for steam engineer, high pressure boiler operator, or low pressure boiler operator licenses is twenty-five dollars. The fee for each original or renewal steam engineer, high pressure boiler operator, or low pressure boiler operator license is seventy-two dollars.

Last updated January 5, 2026 at 10:06 AM

History

Effective: January 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-5-06 Suspension, revocation, or denial of certificate of operation; reduce working pressure, determine repairs, or declare unsafe boiler; lap seam crack.

(A) A certificate of operation may be suspended, revoked, or denied by the superintendent if, upon inspection, a boiler or pressure vessel is found to be unsafe to operate at the allowed safe working pressure for that boiler or pressure vessel.

(B) After inspection, an inspector may reduce the safe working pressure of a boiler or pressure vessel, determine necessary repairs for a boiler or pressure vessel, and declare the boiler or pressure vessel to be unsafe by stamping it with the letters "XX," followed and preceded by an arrowhead. The stamping shall be adjacent to the code stamping and shall not be removed except at the direction of the superintendent. The letters "XX" shall be no less than five-sixteenths inch high and the arrowhead shall be no less than one-half inch long and no less than five-sixteenths inch high.

(C) If an inspector finds a crack in a lap-riveted longitudinal joint of a boiler that extends parallel to the longitudinal joint located adjacent to or between rivet holes, the boiler shall not be used or returned to use until it has been inspected and repaired as approved by the inspector and superintendent. An inspector shall not accept patching of cracks as a repair to a crack in a lap-riveted longitudinal joint of a boiler. An inspector may accept a complete new course of the original plate thickness as a repair to a crack in a lap-riveted longitudinal joint of a boiler.

Last updated June 3, 2025 at 11:14 AM

History

Effective: February 7, 2020
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-5-07 Inspection of power boilers and process boilers.

(A) All power boilers and high pressure, high temperature boilers and their appurtenances shall be thoroughly inspected, internally and externally, under operating conditions at intervals of not more than one year, unless approved for biennial inspection under section 4104.13 of the Revised Code.

(B) Process boilers and their appurtenances shall be thoroughly inspected, internally and externally, under operating conditions at intervals of not more than three years, unless approved for quinquennial inspection under section 4104.13 of the Revised Code. Process boilers and their appurtenances shall not be operated at pressures in excess of the safe working pressure stated in the certificate of operation in accordance with sections 4104.12, 4104.13, and 4104.15 of the Revised Code.

(C) A boiler owner or user may request that a boiler be inspected biennially, triennially, or quinquennially by making a written request to the superintendent for an extended inspection interval. On approval of an application for an extended inspection interval by the superintendent, the expiration date of the current certificate of operation shall be extended for a period consistent with the approval. Subsequent certificates shall be issued to expire in the same period as the extended inspection interval approved by the superintendent, unless the superintendent withdraws such approval. The application shall contain, in sufficient detail, the following pertinent information:

(1) Use of boiler;

(2) Boiler data, name of manufacturer, and all identifying numbers;

(3) Name, registration number, and pertinent qualifications of the professional engineer in charge of water treatment;

(4) Laboratory facilities for testing and analyzing boiler water;

(5) Method and frequency of sampling water;

(6) Percentage of make-up water;

(7) Record of boiler outages occurring since the last internal inspection; and

(8) A report from a special or general inspector regarding the acceptability of the boiler for biennial, triennial, or quinquennial inspection.

Last updated January 5, 2026 at 10:06 AM

History

Effective: January 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-5-09 Conduct of hearings.

(A) Administrative hearings held under Chapter 4104. of the Revised Code shall be conducted in conformity with Chapter 119. of the Revised Code relating to adjudication hearings. In the event of a conflict between a provision of Chapter 4104. and Chapter 119. of the Revised Code, a specific provision of Chapter 4104. of the Revised Code shall prevail over a general provision of Chapter 119. of the Revised Code.

(B) Subject to the provisions of Chapter 4104. and Chapter 119. of the Revised Code relating to adjudication hearings, the superintendent may designate any person to appear on behalf of the division of industrial compliance at an administrative hearing held under Chapter 4104. of the Revised Code.

Last updated June 3, 2025 at 11:14 AM

History

Effective: February 7, 2020
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-5-10 Boiler operator and steam engineer experience requirements.

To establish compliance with the experience requirement in section 4104.19 of the Revised Code, an applicant for licensing under section 4104.19 of the Revised Code shall specify in writing to the superintendent that the applicant has had education, active participation, direct observation, or practical engagement in the activities listed here relevant to the equipment for which licensing is sought, verified in writing by a person licensed in accordance with section 4104.19 of the Revised Code to operate the equipment for which the application is being made.

(A) No person shall be examined for licensing as a low-pressure boiler operator who has not first demonstrated that they meet one of the following experience qualifications:

(1) Two thousand hours of operating experience associated in the direct care, custody, and control of the fuel, combustion air, water level, steam pressure, system load, and supporting equipment of a steam boiler not exceeding fifteen pounds per square inch; or

(2) Four hundred hours of operating experience associated in the direct care, custody, and control of the fuel, combustion air, water level, steam pressure, system load, and supporting equipment of a steam boiler not exceeding fifteen pounds per square inch and the successful completion of a fifty hour steam boiler operation course approved by the superintendent.

(B) No person shall be examined for licensing as a high-pressure boiler operator who has not first demonstrated that they meet one of the following experience qualifications:

(2) Seven hundred hours of operating experience associated in the direct care, custody, and control of the fuel, combustion air, water level, steam pressure, system load, and supporting equipment of a steam boiler exceeding fifteen pounds per square inch and the successful completion of a seventy-five hour steam boiler operation course approved by the superintendent; or

(3) Current possession of a low-pressure boiler operator license with an additional four hundred hours of operating experience associated in the direct care, custody, and control of the fuel, combustion air, water level, steam pressure, system load, and supporting equipment of a steam boiler exceeding fifteen pounds per square inch and the successful completion of a seventy-five hour steam boiler operation course approved by the superintendent.

(C) No person shall be examined for licensing as a stationary steam engineer who has not first demonstrated that they meet one of the following experience qualifications:

(1) Two thousand hours of operating experience associated in the direct care, custody, and control of the system load, turbine speed, lubrication, temperatures, and vibrations of a steam turbine exceeding thirty horsepower or two thousand hours of operating experience associated in the direct care, custody, and control of the fuel, combustion air, water level, steam pressure, system load, and supporting equipment of a steam boiler exceeding fifteen pounds per square inch;

(2) Seven hundred hours of operating experience associated in the direct care, custody, and control of the system load, turbine speed, lubrication, temperatures, and vibrations of a steam turbine exceeding thirty horsepower or seven hundred hours of operating experience associated in the direct care, custody, and control of the fuel, combustion air, water level, steam pressure, system load, and supporting equipment of a steam boiler exceeding fifteen pounds per square inch and the successful completion of a one-hundred-twenty-five-hour steam boiler and steam turbine operation course approved by the superintendent;

(3) Current possession of a high-pressure boiler operator license with an additional four hundred hours of operating experience associated in the direct care, custody, and control of the system load, turbine speed, lubrication, temperatures, and vibrations of a steam turbine exceeding thirty horsepower and the successful completion of a one-hundred-twenty-five-hour steam boiler and steam turbine operation course approved by the superintendent;

(4) Two thousand hours of operating experience associated in the direct care, custody, and control of the system load, turbine speed, lubrication, temperatures, and vibrations of a steam turbine in excess of one hundred horsepower; or

(5) Two thousand hours of operating experience associated in the direct care, custody, and control of the system load, turbine speed, lubrication, temperatures, and vibrations of a steam turbine for electrical generation.

Last updated January 5, 2026 at 10:06 AM

History

Effective: January 1, 2026
Promulgated Under: 119.03

Chapter 1301:3-6 Elevator Inspection

Ohio Adm.Code 1301:3-6-01 Definitions.

(A) "ASME" means the American society of mechanical engineers. Reference material from this organization can be obtained at www.asme.org or by calling 1-800-THE-ASME.

(B) "Division" or "Division of Industrial Compliance" or "Industrial Compliance" means the division of industrial compliance in the Ohio department of commerce.

(D) "Elevator section" means the elevator section within the division of industrial compliance in the Ohio department of commerce.

(E) As used in Chapter 1301:3-6 of the Administrative Code, "disqualifying offense" has the following meaning:

(1) For applicants seeking to renew a certificate of competency, any offense that is a felony.

(a) A violation of section 2903.01 or 2903.02 of the Revised Code;

(b) A sexually oriented offense as defined in section 2950.01 of the Revised Code;

(c) An offense that is an offense of violence as defined in section 2901.01 of the Revised Code, if the offense is a felony of the first or second degree;

(d) Complicity in committing an offense described in paragraph (E)(2)(a) of this rule;

(e) An attempt or conspiracy to commit or complicity in committing any offense described in paragraph (E)(2)(a), (E)(2)(b), (E)(2)(c), or (E)(2)(d) of this rule if the attempt, conspiracy, or complicity is a felony of the first or second degree;

(f) A violation of any former law of this state, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any offense listed in paragraph (E)(2)(a), (E)(2)(b), (E)(2)(c), (E)(2)(d), or (E)(2)(e) of this rule;

(g) Forgery (section 2913.31 of the Revised Code);

(h) Trademark counterfeiting (section 2913.34 of the Revised Code);

(i) Fraud (section 2913.40, section 2913.42, section 2913.45, section 2913.47, section 2913.48, or section 2913.49 of the Revised Code);

(j) Receiving stolen property (section 2913.51 of the Revised Code);

(k) Bribery (section 2929.02 of the Revised Code);

(l) Theft in office (section 2921.41 of the Revised Code);

(m) Having an unlawful interest in a public contract (section 2921.42 of the Revised Code);

(n) Engaging in a pattern of corrupt activity (section 2929.32 of the Revised Code);

(o) Money laundering (division (A) of section 1315.55 of the Revised Code);

(p) Criminal negligence (section 2901.21 of the Revised Code).

Last updated June 2, 2022 at 8:33 AM

History

Effective: June 2, 2022
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-6-02 Certificates of competency.

(A) The application for a certificate of competency as an inspector of elevators specified in section 4105.02 of the Revised Code shall consist of the following:

(1) A completed application form designated by the superintendent of industrial compliance that contains the items listed in section 4105.02 of the Revised Code;

(2) An original letter or letters from one or more of the applicant's previous employers certifying as to his or her character and experience as specified in the second paragraph of section 4105.02 of the Revised Code; and

(3) An application fee of twenty-five dollars for special inspectors as established by the director of commerce in accordance with section 4105.17 of the Revised Code, which fee shall be nonrefundable.

(B) An application for a certificate of competency as an inspector of elevators may be denied, and a certificate of competency and a commission to serve as a special inspector of elevators may be suspended or revoked, in accordance with Chapters 119. and 4105. of the Revised Code for:

(1) Failure to meet the requirements of paragraph (A) of this rule;

(2) Malfeasance, misfeasance, nonfeasane, incompetence, or untrustworthiness of the applicant or holder thereof; or

(3) Falsification of any matter by a certificate holder or applicant before the division.

(C) A commission to serve as a special inspector of elevators shall be renewed, subject to denial as set forth in this rule, upon payment of a renewal fee of twenty-five dollars and demonstration of compliance with the renewal requirements for "Qualified Elevator Inspector" (QEI) certification under the authority of the American society of mechanical engineers in accordance with the provisions of Chapters 4105. and 4745. of the Revised Code on or before a renewal expiration date for that certificate of competency as an inspector of elevators established by the superintendent of industrial compliance.

(D) To maintain a certificate of competency, the general and special inspectors shall comply with each of the following continuing education requirements:

(1) Comply with the continuing education requirements as set forth in ASME QEI-1 2018: Standard for the Qualification of Elevator Inspectors, as well as maintaining a current QEI certification issued by a certifying agency.

(2) Provide evidence that the inspector has maintained knowledge of current local administrative or operating procedures necessary to discharge his or her duties by attending an annual meeting held by the elevator section.

Last updated July 2, 2021 at 2:59 PM

History

Effective: July 2, 2021
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-6-03 Permits for erection, repair, or removal to a different location; certificates of operation; temporary certificates of operation; procedure for registered elevator to be permanently taken out of service.

(A) An application for a permit under section 4105.16 of the Revised Code for the erection, repair, or removal to a different location of an elevator shall consist of the following:

(1) A completed application form designated by the superintendent;

(2) Plans and specifications giving information, adequate to the division, concerning the construction, alteration, or repair of the elevator; and

(3) Any applicable fee assessed by the board of building standards in accordance with section 4105.17 of the Revised Code, which fee shall be nonrefundable.

(B) An application for a certificate of operation for an elevator under section 4105.15 of the Revised Code shall consist of the following:

(1) A completed application form designated by the superintendent of industrial compliance;

(2) A permit for the erection or repair of the elevator issued in conformity with section 4105.16 of the Revised Code;

(3) The fee for issuance of a certificate of operation in accordance with section 4105.17 of the Revised Code, the amount of which shall be as follows:

(a) The nonrefundable fee for issuing or renewing a certificate of operation under section 4105.15 of the Revised Code for an elevator that is inspected twice every twelve months in accordance with division (A) of section 4105.10 of the Revised Code is two hundred ninety-five dollars plus sixteen dollars for each floor where the elevator stops, except where the elevator has been inspected by a special inspector in accordance with section 4105.07 of the Revised Code.

(b) The nonrefundable fee for issuing or renewing a certificate of operation under section 4105.15 of the Revised Code for an elevator that is inspected at least once every twelve months in accordance with division (B) of section 4105.10 of the Revised Code is seventy-two dollars plus thirteen dollars for each floor where the elevator stops, except where the elevator has been inspected by a special inspector in accordance with section 4105.07 of the Revised Code.

(c) The nonrefundable fee for issuing or renewing a certificate of operation under section 4105.15 of the Revised Code for an escalator or moving walk is three hundred ninety-five dollars, except where the escalator or moving walk has been inspected by a special inspector in accordance with section 4105.07 of the Revised Code.

(4) Evidence of having passed a final inspection before operation of an elevator as required by section 4105.16 of the Revised Code.

(C) A certificate of operation for an elevator shall be renewed, subject to denial as set forth in this rule, in accordance with the provisions of Chapter 4745. of the Revised Code, on or before a renewal expiration date for that certificate of operation for an elevator established by the superintendent of industrial compliance. The current certificate of operation shall be posted in the elevator or a copy shall be made available upon request.

(D) An application for a permit under section 4105.16 of the Revised Code for the erection, repair or removal to a different location of an elevator may be denied, suspended, or revoked, in accordance with Chapters 119. and 4105. of the Revised Code, for the following:

(1) Failure to submit a complete application as required by this rule;

(2) Failure to conform to the applicable standards for the construction, maintenance, and repair of elevators as established by the board of building standards under the authority granted in section 4105.011 of the Revised Code; or

(3) Falsification of any matter contained in the application.

(E) An application for a certificate of operation for an elevator may be denied, and a certificate of operation for an elevator may be suspended or revoked in accordance with Chapters 119. and 4105. of the Revised Code for the following:

(1) Failure to submit a complete application as required by this rule;

(2) Falsification of any matter contained in an application for the issuance or renewal of a certificate of operation for an elevator; or

(3) Failure to pass an inspection as required by Chapter 4105. of the Revised Code.

(F) The superintendent of industrial compliance may, upon written request by an applicant for a certificate of operation, issue a temporary certificate of operation for a period not to exceed ninety days. A temporary certificate of operation issued by the superintendent shall specify the terms and limitations on the use of the elevator under the temporary certificate.

(G) A permit issued for installation or alteration of an elevator shall automatically expire eighteen months from the date of issuance with no action taken from the elevator section unless the physical installation or alteration started before the end of the eighteenth month. One six-month permit extension may be granted upon a written request by the elevator owner, if the extension is requested prior to the permit expiration date. Upon expiration of a permit, a new application, new plans, pertinent data, and associated fees are required. Fees shall not be refunded for expired or canceled permits.

(H) An owner may take an elevator permanently out of service by completing each of the following:

(1) Disable the elevator as an "installation placed out of service," as described in the "Safety Code for Elevators and Escalators," ASME A17.1-2016, section 8.11.1.1.4 or the edition most recently adopted by the board of building standards.

(2) Within thirty days of disabling an elevator as an " installation placed out of service" according to paragraph (H)(1) of this rule, notification shall be sent to the elevator section of the date of completion on a form prescribed by the elevator section.

(3) The owner shall not return the elevator to service until the elevator has passed a reinspection by the elevator section.

Last updated December 30, 2021 at 8:31 AM

History

Effective: December 30, 2021
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-6-04 Inspections.

(A) Each elevator in the state of Ohio, including those conveyances enumerated in rule 4101:5-1-01 of the Administrative Code, shall be subject to periodic safety tests in accordance with the standards established in the "Safety Code for Elevators and Escalators." ASME A17.1-2016, or the edition most recently adopted by the board of building standards, and the "Guide for Inspection of Elevators, Escalators, and Moving Walks," A17.2-2017, or the most current edition. Of those periodic safety tests, at least one test every five years shall be a full-load safety test under the standards established in ASME A17.1-2016, section 8.6.4.20.

(B) Additional safety tests shall be in conformance with paragraph (A) of this rule unless alternative safety test procedures are approved by the superintendent.

(C) Where the ASME A17.2-2017 fails to clearly define or govern a specific device or type of conveyance, the inspector shall apply a standard specific to that device or type of conveyance in accordance with generally accepted engineering practices and manufacturer specifications, and as designated by the chief of the elevator section in the division of industrial compliance.

(D) The duties of inspectors for conducting and reporting inspections shall be the following:

(1) Inspectors shall comply with the code of ethics established by the "Qualified Elevator Inspector" (QEI) certifying agency.

(2) Inspectors shall report the results of the inspection and testing in accordance with the appropriate administrative procedures in the format required by the elevator section and the following:

(a) The ASME checklist forms as published by the elevator section for electric elevators, hydraulic elevators, lifts intended for transportation of a mobility impaired person, escalators, and moving walks shall be used during acceptance and periodic inspections, in accordance with ASME A17.1-2016, sections 8.10 and 8.11, or the edition most recently adopted by the board of building standards.

(b) The report shall be signed by the inspector and shall include his or her certification number and QEI certifying agency.

(c) All code deficiencies noted in the report shall include a reference to the specific rule violated in the Ohio Elevator Code, in conformance with the policy established by the elevator section.

(d) The report shall include the date and time that the inspection was conducted.

(e) The completed report shall be left with the owner or operator of the elevator by making it available to the owner or operator, in electronic format, on the day the inspection is completed.

(E) Special inspectors are subject to observations of their performance of inspections by the chief elevator inspector or the chief's designee. A designee shall be at a minimum an elevator inspector supervisor.

Last updated July 2, 2021 at 2:59 PM

History

Effective: July 2, 2021
Promulgated Under: 119.03

Ohio Adm.Code 4101:5-1-01

This division of the Administrative Code applies to the design, construction, repair, alteration, and maintenance of:

(A) Passenger elevators;

(B) Freight elevators;

(D) Dumbwaiters;

(E) Escalators;

(F) Moving walks;

(G) Belt Manlifts;

(H) Mine elevators;

(I) Wind turbine tower elevators

(J) Special service elevators and other lifting and lowering equipment as provided for by section 4105.01 of the Revised Code, but does not include the following:

(1) Conveyors and related equipment within the scope of "ANSI B20.1";

(2) Tiering or piling machines used to move material to and from storage and located and operating entirely within one story;

(3) Equipment for feeding or positioning materials at machine tools, printing presses, etc.;

(4) Hoists for raising or lowering materials and which are provided with unguided hooks, slings, and similar means for attachment to the materials;

(5) Skip or furnace hoists;

(6) Wharf ramps;

(7) Amusement devices, but does include elevators in observation towers, etc.;

(8) Lift bridges;

(9) Railroad car lifts or dumpers;

(10) Material hoists and material lifts;

(11) Workmen's hoists in place for the duration of the construction renovation or demolition of the project; and

(12) Elevators within individual dwelling units.

Last updated July 2, 2024 at 10:19 AM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-6-05 Complaints; denials, suspensions, and revocations of certificates of competency.

(A) Any person who wishes to make a complaint alleging that a violation of Chapter 4105. of the Revised Code or rules adopted thereunder has occurred shall submit the complaint in writing to the elevator section within twelve months after the date of the action or event upon which the complaint is based. The elevator section shall investigate any alleged violation of Chapter 4105. of the Revised Code or rules adopted thereunder. If, after an investigation, the elevator section determines that any person has engaged or is engaging in any practice that violates Chapter 4105. of the Revised Code or rules adopted thereunder, that section may apply to the court of common pleas of the county in which the violation occurred or is occurring for an injunction or other appropriate relief to enjoin or terminate the violation.

(B) The superintendent may direct the elevator section to deny, revoke, or suspend the issuance or renewal of a certificate of competency if the section finds that the applicant for or holder of a certificate of competency has done any of the following:

(1) Been convicted of, found guilty pursuant to a judicial finding of, or pleaded guilty to a disqualifying offense as defined in rule 1301:3-6-01 of the Administrative Code;

(2) Violated any provision of Chapter 4105. of the Revised Code or rules adopted pursuant thereto;

(3) Obtained a license by fraud, misrepresentation, or deception; or

(4) Engaged in fraud, misrepresentation, deception, malfeasance, misfeasance, or nonfeasance in the conduct of business.

(C) Upon a reasonable cause shown, the superintendent may direct the elevator section to impose one or both of the following:

(1) Suspend or revoke an inspector's certificate of competency for a specified period of time that the elevator section establishes.

(2) Require a holder of a certificate of competency to complete additional continuing education course work within a specified time period.

(D) Any person whose certificate of competency or certificate of competency application has been revoked, suspended, denied, or not renewed may request an adjudication hearing on the matter. The request for an adjudication hearing must be received by the division within thirty days from the date the notice of the action was mailed. The hearing shall be held in accordance with Chapter 119. of the Revised Code. A licensee or applicant adversely affected by an adjudication order issued pursuant to this rule shall have a right to appeal pursuant to section 119.12 of the Revised Code.

Last updated June 2, 2022 at 8:33 AM

History

Effective: June 2, 2022
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-6-06 Conduct of hearings.

Administrative hearings held under Chapter 4105. of the Revised Code, shall be conducted in conformity with Chapter 119. of the Revised Code relating to adjudication hearings.

Last updated July 2, 2021 at 3:00 PM

History

Effective: July 2, 2021
Promulgated Under: 119.03

Chapter 1301:3-7 Backflow Technician

Ohio Adm.Code 1301:3-7-01 Definitions.

(A) "Board" means the backflow advisory board appointed by the superintendent of the division of industrial compliance in the Ohio department of commerce pursuant to section 3703.21 of the Revised Code.

(B) [Reserved.]

(D) "Superintendent" means the superintendent of the division of industrial compliance in the Ohio department of commerce.

(E) "Approved training agency" means a training agency approved by the superintendent or the superintendent's designee to teach required courses to candidates for certification as backflow technicians or continuing education courses to certified backflow technicians, pursuant to section 3703.21 of the Revised Code.

(F) "Superintendent's designee" means an individual designated by the superintendent to act on his or her behalf concerning matters governed by section 3703.21 of the Revised Code and shall also include the board when so designated by the superintendent.

(G) "Lawn irrigation backflow techinican" means an individual holding a "Class B" backflow certificate issued in accordance with section 3703.21 of the Revised Code and rules promulgated thereunder.

(H) Unless a different meaning is clearly intended, the term "certified backflow technician" shall include individuals holding either a "Class A" or Class B" backflow technician certificate.

Last updated May 28, 2021 at 9:54 AM

History

Effective: May 28, 2021
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-7-02 Classes of backflow technician certificates; Application for initial certification as a backflow technician.

(A) No individual shall engage in the installation, testing, or repair of any "isolation backflow prevention device," as defined in division (F) of section 3703.21 of the Revised Code, unless he or she possesses a valid certification as a backflow technician as follows:

(1) If the backflow prevention device is, or will be, located within a lawn irrigation process piping system, the individual must possess a valid "Class A" or "Class B" backflow technician certification issued in accordance with section 3703.21 of the Revised Code and rules promulgated thereunder.

(2) If the backflow prevention device is an isolation device that is owned by the public water system, the individual must possess a valid "Class A" or "Class C" backflow technician certification issued in accordance with section 3703.21 of the Revised Code and rules promulgated thereunder.

(3) For all other isolation backflow prevention devices not subject to paragraph (A)(1) or (A)(2) of this rule, the individual must possess a valid "Class A" backflow technician certification issued in accordance with section 3703.21 of the Revised Code and rules promulgated thereunder.

(B) This rule does not apply with respect to the installation, testing, or repair of any "containment backflow prevention device," as that term is defined in division (F) of section 3703.21 of the Revised Code.

(C) An initial applicant for certification as a backflow technician shall submit a completed application to the division on a form designated by the division. In order to qualify to sit for the backflow technician examination, the applicant must successfully demonstrate to the satisfaction of the superintendent or the superintendent's designee all of the following:

(1) Significant workplace experience relevant to backflow technician work, as follows:

(a) If the applicant is experienced in the plumbing industry, the applicant must possess five years of experience with a plumbing contractor, a hydronic contractor, or a fire protection company certified by the Ohio state fire marshal; or, the applicant must hold a current plumbing inspector certification from the division or bureau of building standards.

(b) If the applicant is experienced in the water purveyor or industry business, the applicant must possess five years of experience in the water purveyor industry; or, the applicant must possess a minimum of an Ohio environmental protection agency license class I distribution of an Ohio environmental protection agency water treatment operator license.

(c) If the applicant does not have the experience set forth in paragraph (B)(1)(a) or (B)(1)(b) of this rule, the board may consider other acceptable experience related to the performance of backflow technician duties, including consideration of such experience as it relates to the class of backflow technician certification that is being applied for.

(2) Completion of a twenty-four hour backflow course by an approved training agency that includes a mandatory hands-on testing and repairing examination administered by an approved training agency.

(3) Payment of an application fee and examination fee set forth in rule 1301:3-7-04 of the Administrative Code.

(D) If the applicant holds another state's backflow technician certification, then the superintendent may permit the applicant to complete an eight-hour Ohio recertification backflow technician course by an approved training agency and then issue the certification.

Last updated May 28, 2021 at 9:55 AM

History

Effective: May 28, 2021
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-7-04

(A) The fees for the backflow technician application and examination under Chapter 1301:3-7 of the Administrative Code shall be non-refundable, paid to the division or its designee prior to the administration of the examination, and shall be as follows:

(1) Application fee........................................fifty dollars

(2) Examination fee......................................fifty dollars

(3) Reexamination fee..................................fifty dollars

(4) Certification fee.....................................seventy-five dollars every three years

Last updated May 28, 2021 at 9:55 AM

History

Effective: May 28, 2021
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-7-03 Backflow technician examination.

(A) Upon submission of an application pursuant to rule 1301:3-7-02 of the Administrative Code and approval by the superintendent or superintendent's designee of the applicant's qualifications, the applicant shall be permitted to sit for the backflow technician examination.

(B) The examination shall be prepared, administered, and scored by the division or its designee. The division or its designee may provide computer-based testing options for all portions of the examination that do not require a face-to-face practical examination.

(C) If reexamination occurs, an additional fifty dollars must be submitted to the division of industrial compliance or its designee.

Last updated May 28, 2021 at 9:55 AM

History

Effective: May 28, 2021
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-7-05 Renewal of a Certificate as a Backflow Technician.

(A) An applicant for renewal of a certificate as a backflow technician shall meet each of the following requirements:

(1) Completion of a minimum of an eight-hour backflow course by an approved training agency;

(2) Passage of a mandatory practical test conducted by an approved training agency in accordance with the "Backflow Prevention & Cross-Connection Control Manual" of the division; and

(3) Submission of a payment of a renewal fee of seventy-five dollars every three years.

Last updated September 8, 2023 at 10:49 AM

History

Effective: February 2, 2006
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-7-06 Approval of training agency for backflow technician education.

(A) In order to be approved by the superintendent or the superintendent's designee, in accordance with section 3703.21 of the Revised Code, a training agency must submit a request for approval to the division every three years, and must demonstrate all of the following requirements:

(1) The training agency's trainers meet the following requirements:

(a) Possess six years of experience in the backflow industry; and

(b) Currently hold a backflow technician certification in Ohio.

(2) Upon request of the division, attend an annual meeting held by the division.

(B) Upon meeting the requirements of paragraph (A) of this rule, the superintendent or superintendent's designee shall grant approval to the training agency to teach backflow courses and administer tests.

(1) The training agency has failed to meet or maintain the approval requirements of paragraph (A) of this rule;

(2) The training agency has made a misrepresentation or material omission in its request for approval; or

(3) The training agency has engaged in fraud, misrepresentation, deception, malfeasance, misfeasance, or nonfeasance in the conduct of business.

Last updated May 28, 2021 at 9:56 AM

History

Effective: May 28, 2021
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-7-07 Denial, revocation, or suspension of a backflow certificate.

(A) An application for a backflow technician certificate, and a backflow technician certificate issued in accordance with Chapter 1301:3-7 of the Administrative Code, may be denied, revoked, suspended, or refused to be renewed, in accordance with Chapters 119. and 3703. of the Revised Code if the applicant for, or holder of, the backflow technician certificate has engaged in any of the following:

(1) Falsified documentation;

(2) Violated any provision of Chapter 3703. of the Revised Code or rules adopted pursuant thereto;

(3) Obtained a license by fraud, misrepresentation, or deception;

(4) Engaged in fraud, misrepresentation, deception, malfeasance, misfeasance, or nonfeasance in the conduct of business; or

(5) Performed work that exceeds the scope of the class of backflow technician certificate that the individual holds, in violation of rule 1301:3-7-02 of the Administrative Code.

(B) In accordance with Chapters 119. and 3703. of the Revised Code, the superintendent may:

(1) Suspend or revoke a backflow techician certificate for a specified period of time, from a minimum of six months to a maximum of life; and/or

(2) Require a holder of a backflow technician certificate to complete additional continuing education courses within a specified time period.

(C) Upon written notification of the action of the superintendent, the aggrieved may appeal pursuant to Chapter 119. of the Revised Code and rule 1301:3-7-08 of the Administrative Code.

Last updated May 28, 2021 at 9:56 AM

History

Effective: May 28, 2021
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-7-08

Administrative hearings held under Chapter 3703. of the Revised Code, shall be conducted in conformity with Chapter 119. of the Revised Code relating to adjudication hearings.

Last updated May 28, 2021 at 9:56 AM

History

Effective: May 28, 2021
Promulgated Under: 119.03

Chapter 1301:3-8 Welders and Brazers

Ohio Adm.Code 1301:3-8-01 Definitions.

(A) "ASME" means the American society of mechanical engineers. Reference material from this organization can be located at www.asme.org or by calling 1-800-THE-ASME.

(B) "Division" means the division of industrial compliance in the Ohio department of commerce.

(C) "Procedure Qualification Records" has the same meaning as that term is defined by the Ohio board of building standards in section 313.3 of rule 4101:2-3-01 of the Administrative Code.

(D) "Procedure Specification" has the same meaning as that term is defined by the Ohio board of building standards in section 313.2 of rule 4101:2-3-01 of the Administrative Code.

(E) "Performance Qualification Testing" has the same meaning as that term is defined by the Ohio board of building standards in section 313.4 of rule 4101:2-3-01 of the Administrative Code.

(F) "Proof of Continuity" means documentation sufficient to establish that a welder or welding operator who has established performance qualification in accordance with ASME Boiler and Pressure Vessel Code, Section IX: "Qualification Standard for Welding, Brazing, and Fusing Procedures; Welders; Brazers; and Welding, Brazing, and Fusing Operators," 2017 edition, July 1, 2017, ASME BPVC, Section IX, has not allowed his or her performance qualification to lapse.

(G) "Superintendent" means the superintendent of the division of industrial compliance in the Ohio department of commerce.

(H) "Owner" means any owner of building services piping systems who causes welding or brazing to be performed, or any contractor, manufacturer, or other person the owner has retained to cause welding or brazing to be performed.

(I) Lapse of performance qualification means that one of the following conditions has occurred:

(1) When a welder or welding operator has not welded with a process during a period of six months or more, his or her qualification of that process shall expire; unless, within the six-month period, prior to the expiration of qualification:

(a) A welder has welded using a manual or semiautomatic welding process that will maintain the qualification for manual and semiautomatic welding with that process; or

(b) A welding operator has welded with a machine or automatic welding process that will maintain his or her qualification for machine and automatic welding with that process.

(2) When there is a specific reason to question a welder or welding operator's ability to make welds that meet the specification, the qualifications that support the welding he or she is doing shall be revoked. All other qualifications not questioned remain in effect.

Last updated August 26, 2026 at 1:15 PM

History

Effective: August 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:2-3-01

This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.

View Rule Text

Last updated May 29, 2024 at 11:42 AM

History

Effective: March 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-8-02 Certification of performance qualification records of welders and brazers; performance qualifications and proof of continuity of welders and brazers.

(A) Each owner, prior to the commencement of welding and brazing work, shall sign the procedure qualification records and procedure specification of each welder and brazer, certifying that the performance qualification of each welder and brazer is in accordance with ASME Boiler & Pressure Vessel Code, Section IX: "Qualification Standard for Welding, Brazing, and Fusing Procedures; Welders; Brazers; and Welding, Brazing, and Fusing Operators," 2017 edition, July 1, 2017, ASME BPVC, Section IX, and send two copies to the superintendent or the superintendent's designee.

(B) Each owner shall maintain, at the job site, the approved performance qualification records and proof of continuity of all welders and brazers employed on the job site.

Last updated August 26, 2026 at 1:15 PM

History

Effective: August 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-8-03 Fees for welding and brazing.

(A) The fees for welding and brazing under Chapter 1301:3-8 of the Administrative Code are non-refundable and to be paid to the division in an amount established by the Ohio board of building standards as set forth in rule 4101:7-7-01 of the Administrative Code.

Last updated August 26, 2026 at 1:15 PM

History

Effective: August 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:7-7-01

(A) Certified building department fees. Fees for construction documents submitted to and inspections made by certified building departments shall be in accordance with the locally adopted fee schedule.

(B) Division of industrial compliance schedule of fees. The fees for examination and processing of construction documents when required to be submitted to the division of industrial compliance, except medical gas piping systems and temporary structures, shall be in accordance with Table B1. The certificate of occupancy or certificate of completion specified in section 111.1 of rule 4101:1-1-01 of the Administrative Code will not be issued until the applicable fees have been paid in accordance with Table B1.

Table B1 - DIC Schedule of Fees

Scope of Work	Processing Fee	Fee for Plans Examination and a minimum of Five Inspections
(1) Structural	$275.00	$10.50/100 sq. ft. gross area of each floor level
(2) Mechanical	$275.00	$6.50/100 sq. ft. gross area of each floor level
(3) Electrical	$275.00	$6.50/100 sq. ft. gross area of each floor level
(4) Fire alarm systems	$275.00	$6.50 per device
(5) Automatic sprinkler and other fire suppression systems (all suppressed areas)	$275.00	$6.50/100 sq. ft. gross area of each floor level
(6) Industrial unit	$200.00	$1.75/100 sq. ft. gross area of each floor level

(1) Alternative review. The division of industrial compliance may establish a written policy for the alternative examination and processing of construction documents. The policy shall comply with rule 4101:1-1-01 of the Administrative Code. The fee for the examination and processing of construction documents in accordance with the policy shall be in addition to fees otherwise required by this rule but shall not exceed two hundred seventy-five dollars per each scope of work listed in Tables B1 and B2.

(2) Additional inspections. The division of industrial compliance may establish a written policy for the maximum number of inspections required by sections 108.2 and 105.1.5 of rule 4101:1-1-01 of the Administrative Code that may be included in the fees set forth in Table B1. Inspections in excess of the maximum number established by the division of industrial compliance shall be subject to fee of one hundred fifty dollars per inspection.

(3) Resubmissions. The fees set forth in Table B1 shall include one initial plan review and up to two resubmission plan reviews to resolve issues resulting from correction letters. The fee for plan review after the second resubmission shall be of one hundred dollars for each additional resubmission.

(4) Re-stamping. The processing fee for re-stamping additional sets of construction documents after initial plan approval shall be one hundred dollars.

(5) Amended construction documents. The processing fee for amended construction documents submitted to the division of industrial compliance in accordance with section 106.3 of rule 4101:1-1-01 of the Administrative Code shall be two hundred fifty dollars. The fee for plans examination of amended construction documents submitted to the division of industrial compliance in accordance with section 106.3 of rule 4101:1-1-01 of the Administrative Code shall be one hundred dollars per hour for each submission.

(6) Phased plan approval. The fees for plan examination and processing of a phased plan approval request per section 105.1.4 of rule 4101:1-1-01 of the Administrative Code shall be in accordance with Table B1 and paragraph (B)(1) for the initial phase submission of each scope of work. The processing fee for plan examination of each subsequent phase of submission shall be two hundred fifty dollars.

(7) Medical gas piping systems. The fees for examination and processing of construction documents for medical gas piping systems when required to be submitted to the division of industrial compliance shall be in accordance with Table B2.

(a) Additional inspections. The division of industrial compliance may establish a written policy for the maximum number of inspections required by sections 108.2 and 105.1.5 of rule 4101:1-1-01 of the Administrative Code that may be included in the fees set forth in Table B2 for medical gas piping systems. Inspections in excess of the maximum number established by the division of industrial compliance shall be subject to a fee of one hundred fifty dollars per inspection.

Table B2 - DIC Medical Gas Schedule of Fees

Medical Gas Piping System Processing, Plans Examination, and Inspections	Fee (includes a minimum of two inspections)
Processing	$275.00
Plans Examination	$275.00
Per room (with outlets) and equipment rooms	$10.00
Per zone valve assembly	$25.00
Per system	$25.00
Per "tie-in"	$25.00

(8) Temporary structure fee. The fee for the review and inspection of temporary structures as referenced in section 102.8 of rule 4101:1-1-01 of the Administrative Code shall be one hundred fifty dollars per each scope of work. This fee allocates one inspection for each scope of work. The fee for inspections after normal business hours shall be one hundred thirty dollars per hour.

(9) Preliminary review. The fee for preliminary construction document examination for the purpose of determining compliance with the provisions of the rules of the board by the division of industrial compliance shall be one hundred thirty dollars per hour.

(10) Inspection fees. The fee for each inspection during normal business hours, other than those required by section 108.2 and 105.1.5 of rule 4101:1-1-01 of the Administrative Code, shall be one hundred fifty dollars per inspection. The fee for inspections conducted after normal business hours shall be one hundred thirty dollars per hour. Requests for all inspections shall be in writing to the division of industrial compliance and the fee shall be paid prior to the inspection.

Fees for an application pursuant to section 105.1.5 of rule 4101:1-1-01 of the Administrative Code shall include a processing fee of one hundred fifty dollars. The fee for periodic inspections conducted by the division of industrial compliance shall include the hourly inspection rate and expenses such as food, lodging, and administrative costs. All such fees shall be paid by the holder of an annual approval.

(11) Reinspection fee. The fee for each reinspection shall be one hundred fifty dollars. A reinspection shall be required when the inspector must return to inspect work that was not ready or had failed a previous inspection.

(12) Related fees. In addition to the fees required by this rule, the superintendent of the division of industrial compliance shall collect a fee, on behalf of the board of building standards, of five dollars for making inspections and each application for acceptance and approval of construction documents per scope of work.

The fee shall be deposited by the division of industrial compliance, pursuant to section 121.084 of the Revised Code, to the credit of the board. The superintendent of the division shall report on the amount of the fees collected and deposited to the credit of the board not later than forty-five days following the end of the first full month's collection and then monthly afterward.

(13) Late fee. Any person who fails to pay an inspection fee required for any inspection conducted by the department of commerce pursuant to Chapters 3781. and 3791. of the Revised Code, except for fees charged for the examination and processing of construction documents, within forty-five days after the inspection is conducted shall pay a late payment fee equal to twenty-five per cent of the inspection fee.

(14) Certificate of occupancy or certificate of completion. The fee for each certificate of occupancy or certificate of completion issued in accordance with section 111 of rule 4101:1-1-01 of the Administrative Code shall be sixty-five dollars.

Exception: There shall be no fee for each certificate of occupancy issued in accordance with section 111.4 of rule 4101:1-1-01 of the Administrative Code for existing buildings.

(15) Annual approval for alterations. The fee for each annual approval for an individual applicant issued in accordance with section 105.1.5 of rule 4101:1-1-01 of the Administrative Code shall be six hundred fifty dollars.

(16) Welding and brazing procedure specification review. The fee for the review of each piping welding and brazing specification submitted in accordance with section 313.5 of rule 4101:2-3-01 of the Administrative Code and section 317.5 of rule 4101:3-3-01 of the Administrative Code shall be sixty dollars.

(17) Welding and brazing procedure qualification record review. The fee for the review of each procedure qualification record submitted in accordance with section 313.5 of rule 4101:2-3-01 of the Administrative Code and section 317.5 of rule 4101:3-3-01 of the Administrative Code shall be fifteen dollars.

(18) Welding and brazing performance qualification review. The fee for the review of each performance qualification submitted in accordance with section 313.5 of rule 4101:2-3-01 of the Administrative Code and section 317.5 of rule 4101:3-3-01 of the Administrative Code shall be fifteen dollars.

Last updated July 14, 2026 at 4:12 PM

History

Effective: January 1, 2019
Promulgated Under: 119.03

Chapter 1301:3-9 Issuance of temporary license or certificate to practice a trade or profession for members of the military and their spouses

Ohio Adm.Code 1301:3-9-01 Definitions.

(A) "Military duty" has the same meaning as set forth in division (A) of section 4743.041 of the Revised Code.

(B) "Division" or "division of industrial compliance" or "industrial compliance" means the division of industrial compliance in the Ohio department of commerce.

Last updated December 14, 2021 at 9:46 PM

History

Effective: December 14, 2021
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-9-02 Scope.

This chapter of the Administrative Code applies to the issuance of a temporary license or certificate to practice a trade or profession for members of the military and their spouses under section 4743.041 of the Revised Code.

Last updated December 14, 2021 at 9:46 PM

History

Effective: December 14, 2021
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-9-03 Applications for temporary license or certificate for members of the military and their spouses.

(A) In order to obtain a temporary license or certificate to practice a trade or profession under section 4743.041 of the Revised Code, an applicant shall submit an application on a form approved by the superintendent of the division of industrial compliance or the superintendent's designee, and provide the following:

(1) Proof that the applicant holds an active license, or equivalent, to practice a trade or profession in any other state, territory of the United States, or the District of Columbia;

(2) Proof that the applicant is in good standing in the state or jurisdiction of licensure or certification;

(3) Proof that the applicant or the applicant's spouse is on military duty in this state in the following manner:

(a) If the applicant is an active duty military member, a copy of the member's current military orders or copy of current military I.D. card; or

(b) If the applicant is a spouse of an active duty military member, proof the applicant is married to an active duty military member by providing a notarized copy of a marriage certificate and either of the following:

(i) Proof the spouse (not the applicant) is assigned to a duty station in this state by providing a copy of the official active duty military orders; or

(ii) Proof the spouse (not the applicant) has been assigned to active duty in a foreign country and the applicant is residing in the state of Ohio during the spouse's deployment.

(4) If the applicant is seeking a temporary license or certificate to practice a trade or profession governed by Chapter 4740. of the Revised Code, the applicant must submit a criminal records check in accordance with section 4740.061 of the Revised Code.

(B) An application for a temporary license or certificate to practice a trade or profession submitted by an active duty military member or the spouse of an active duty military member under this chapter of the Administrative Code shall be prioritized and expedited in accordance with section 5903.04 of the Revised Code.

(C) The superintendent or the superintendent's designee shall record, track, and monitor applications for a temporary license or certificate to practice a trade or profession through the eLicense Ohio system or an equivalent electronic licensing system.

Last updated December 14, 2021 at 9:46 PM

History

Effective: December 14, 2021
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-9-04 Waiver of fees.

There is no fee associated with a temporary license or certificate issued pursuant to section 4743.041 of the Revised Code.

Last updated December 14, 2021 at 9:46 PM

History

Effective: December 14, 2021
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-9-05 Expiration and renewal of temporary license or certificate.

(A) A temporary license or certificate issued pursuant to section 4743.041 of the Revised Code is valid for six years from the date of original issuance.

(B) A temporary license of certificate issued pursuant to section 4743.041 of the Revised Code is nonrenewable.

Last updated December 14, 2021 at 9:46 PM

History

Effective: December 14, 2021
Promulgated Under: 119.03

Chapter 1301:3-10 Issuance of Licenses and Government Certifications to Out-of-State Applicants

Ohio Adm.Code 1301:3-10-01 Definitions.

(A) "License" has the same meaning as set forth in division (A) of section 4796.01 of the Revised Code.

(B) "Division" or "division of industrial compliance" or "industrial compliance" means the division of industrial compliance in the Ohio department of commerce.

(C) "Applicable law" means the laws and rules governing the profession, occupation, or occupational activity for which the applicant is seeking to obtain a license or government certification in this state.

(D) "Licensing authority" means the agency or board that regulates the profession, occupation, or occupational activity for which the applicant is seeking to obtain a license or government certification in this state.

(E) "Out-of-state applicant" means an applicant seeking a license or government certification under section 4796.03, 4796.04, or 4796.05 of the Revised Code.

(F) "Superintendent" means the superintendent of the division of industrial compliance in the Ohio department of commerce.

Last updated September 3, 2024 at 9:46 AM

History

Effective: July 12, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-10-02 Scope; Interpretation.

This chapter of the Administrative Code applies to the issuance of a license or government certification under Chapter 4796. of the Revised Code. This chapter of the Administrative Code should be read in conjunction with Chapter 4796. of the Revised Code and applicable law. Where possible, effect should be given to Chapter 4796. of the Revised Code, these rules, and applicable law.

Last updated September 3, 2024 at 9:46 AM

History

Effective: July 12, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-10-03 Applications for license or government certification for out-of-state applicants.

(A) In order to obtain a license or government certification as an out-of-state applicant under section 4796.03 to 4796.05 of the Revised Code, an applicant shall submit an application on a form approved by the licensing authority or the licensing authority's designee, as well as the following:

(1) Any fees required by rule 1301:3-10-06 of the Administrative Code;

(2) Proof that the applicant satisfies any financial responsibility requirements as set forth in section 4796.08 of the Revised Code;

(3) Proof of the following:

(a) If the license or government certification that the applicant is seeking would be issued under section 4796.03 of the Revised Code, that the applicant is in good standing in all jurisdictions in which the applicant holds an out-of-state occupational license or government certification to practice the same profession, occupation, or occupational activity for which the applicant is applying in this state; or

(b) If the license or government certification that the applicant is seeking would be issued under section 4796.04 of the Revised Code, that the applicant is in good standing with the private organization that issued the private certification;

(4) Proof that the applicant meets any applicable licensing and work experience requirements to obtain a license or government certification as provided in section 4796.03, 4796.04, or 4796.05 of the Revised Code;

(5) A record of the applicant's disciplinary history with the entity that regulates the applicant's license, out-of-state occupational license, or government certification as provided for in section 4796.13 of the Revised Code; and

(6) Any additional information the licensing authority may require.

(B) Upon receipt of an application submitted in accordance with paragraph (A) of this rule, the licensing authority or the licensing authority's designee shall make a determination as to whether additional information, records, or documentation is needed in order to determine the qualifications of the applicant or the applicant's eligibility to obtain a license or government certification as an out-of-state applicant under section 4796.03, 4796.04, or 4796.05 of the Revised Code. Upon that determination, the licensing authority or licensing authority's designee may request the applicant provide additional information in a manner the licensing authority or licensing authority's designee deems appropriate. Subject to divisions (A) and (B) of section 4796.20 of the Revised Code, the sixty-day period described in division (A) of section 4796.20 of the Revised Code shall not be deemed to commence until receipt of all additional information requested in accordance with this paragraph has been received.

(C) If the applicant is seeking a license or government certification under section 4796.03 of the Revised Code, the licensing authority or licensing authority's designee shall then make a determination as to whether the applicant was required to satisfy minimum education, training, or experience requirements or pass an examination to receive the out-of-state occupational license or government certification as set forth in division (D) of section 4796.03 of the Revised Code. If the licensing authority or licensing authority's designee determines that the applicant has not met such requirements, the licensing authority or licensing authority's designee shall notify the applicant in writing.

(D) Upon approval of the applicant's qualifications, the licensing authority shall notify the applicant in writing, which may be sent electronically, that the applicant has been approved to take the examination on this state's laws and rules, if such an examination is required under the law applicable to the profession, occupation, or occupational activity for which the applicant is seeking a license or goernment certification, as set forth in section 4796.08 of the Revised Code, pending the receipt of an acceptable criminal background check as set forth in this rule. The notice shall instruct the applicant on how to submit to a criminal records check, if such a check is required, as set forth in Chapter 4776. of the Revised Code, section 4796.10 of the Revised Code, and applicable law.

(E) Upon the receipt of an acceptable criminal records check, or upon a finding that the applicant may qualify to obtain a restricted or limited license or government certification in accordance with rule 1301:3-10-05 of the Administrative Code, the licensing authority shall notify the applicant in writing of its approval to take the examination for a license or government certification. The notification shall include a schedule of test dates and information pertaining to the third party authorized to administer the test, if any. The notification shall be sent to the applicant in such a manner that the applicant will receive the notification within a reasonable time prior to the scheduled date of examination.

(F) An applicant, upon notification by the licensing authority of the approval of the application, shall register to take the examination with the licensing authority, or the third-party testing administrator designated on the notification, if any. The licensing authority shall be notified of the results of the examination by the party responsible for administering the examination.

(G) Upon receiving a passing score on the licensing examination, or when no examination is required, the applicant shall pay the required license fee, if any, to the licensing authority. Upon receiving notice that the applicant received a passing score, if an examination is required, and upon receipt of the requisite fee, if any, the licensing authority shall then issue a license to the applicant.

An applicant whose application has been denied by the licensing authority shall be notified in writing of the denial in accordance with laws and rules governing the profession, occupation, or occupational activity for which the applicant is seeking a license or government certification.

Last updated September 3, 2024 at 9:45 AM

History

Effective: July 12, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-10-06

The application fee for a license or government certification issued to an out-of-state applicant under Chapter 4796. of the Revised Code is the same as either the initial application fee or renewal fee for the license or government certification for in-state applicants under the applicable law for the license or government certification, whichever is greater.

Last updated July 12, 2024 at 9:15 AM

History

Effective: July 12, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-10-05

(A) In order to issue a restricted or limited license or government certification under section 4796.10 of the Revised Code, a licensing authority shall do all of the following:

(1) Describe what restrictions or limitations are being placed upon the license or government certification;

(2) Indicate what period of time the restrictions or limitations apply to the license or government certification, including whether such restrictions or limitations apply to a license renewed under applicable law;

(3) Describe what reporting requirements apply to an individual issued a restricted or limited license or government certification to demonstrate compliance with any restrictions or limitations; and

(4) Maintain a list, available to the public, of restricted or limited license(s) or government certification(s) that have been issued by the licensing authority, including the following:

(a) The name of the licensee;

(b) The restrictions or limitations placed on the license or government certification; and

(c) The underlying offense the licensee was convicted of, had judicial finding of guilt of, or pleaded guilty to that forms the basis for issuance of the restricted or limited license.

(B) A restricted or limited license or government certification may be revoked, and restrictions or limitations may be modified, if a licensing authority determines that an individual issued a restricted or limited license or government certification has violated any restrictions or limitations imposed by the licensing authority.

Last updated July 12, 2024 at 9:15 AM

History

Effective: July 12, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-10-04 Denial of a license or government certification to an out-of-state applicant.

An application submitted under rule 1301:3-10-03 of the Administrative Code may be denied for the following reasons:

(A) The applicant has failed to meet any applicable licensing or work experience requirements necessary to obtain a license or government certification under Chapter 4796. of the Revised Code;

(B) The applicant is not in good standing in either of the following:

(1) In all jurisdictions in which the applicant holds an out-of-state occupational license or government certification to practice the same profession, occupation, or occupational activity for which the applicant is applying in this state, if the applicant would be issued a license of government certification under section 4796.03 of the Revised Code; or

(2) With the private organization that issued the private certification, if the applicant would be issued a license or government certification under section 4796.04 of the Revised Code.

(C) The applicant has surrendered or had revoked a license, out-of-state occupational license, or government certification because of negligence of intentional misconduct related to the applicant's work in the same profession, occupation, or occupational activity for which the applicant is applying in this state;

(D) The applicant was subject to discipline by an entity that regulates a license, out-of-state occupational license, or government certification as provided in section 4796.13 of the Revised Code;

(E) The applicant has been convicted of, found guilty pursuant to a judicial finding of, or pleaded guilty to a criminal offense that would otherwise disqualify the applicant for the license or government certification under the applicable law of this state governing the profession, occupation, or occupational activity for which the applicant is applying; or

The applicant has failed to pass an examination on this state's laws and rules governing the applicable profession, occupation, or occupational activity, if such an examination is required under applicable law.

Last updated September 3, 2024 at 9:46 AM

History

Effective: July 12, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-10-07 Expiration and renewal of license or government certification issued to out-of-state applicants.

(A) A license or government certification issued pursuant to section 4796.03 to 4796.05 of the Revised Code is valid for the same period of time as a license or government certification that was not issued under the chapter.

(B) A license or government certification issued pursuant to sections 4796.03 to 4796.05 of the Revised Code shall be renewed in the manner set forth under the law governing the profession, occupation, or occupational activity for which the applicant was issued a license or government certification.

Last updated September 3, 2024 at 9:46 AM

History

Effective: July 12, 2024
Promulgated Under: 119.03

Chapter 1301:3-11 Elevator Contractors and Elevator Mechanics

Ohio Adm.Code 1301:3-11-01 Definitions.

The following definitions apply to all rules in Chapter 1301:3-11 of the Administrative Code:

(A) "Board" means the elevator safety review board, as created pursuant to section 4785.09 of the Revised Code.

(B) "Disqualifying offense" has the following meaning:

(1) For applicants seeking to renew an elevator mechanic's license, any offense that is a felony.

(2) For initial applicants (those not seeking to renew) of an elevator mechanic's license, any of the following:

(a) A violation of section 2903.01 or 2903.02 of the Revised Code;

(b) A "sexually oriented offense" as defined in section 2950.01 of the Revised Code;

(c) An offense that is an "offense of violence" as defined in section 2901.01 of the Revised Code, if the offense is a felony of the first or second degree;

(d) Complicity in committing an offense described in paragraph (B)(2)(a) of this rule;

(e) An attempt or conspiracy to commit or complicity in committing any offense described in paragraph (B)(2)(a), (B)(2)(b), (B)(2)(c), or (B)(2)(d) of this rule if the attempt, conspiracy, or complicity is a felony of the first or second degree;

(f) A violation of any former law of this state, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any offense listed in paragraph (B)(2)(a), (B)(2)(b), (B)(2)(c), (B)(2)(d), or (B)(2)(e) of this rule;

(g) Forgery (section 2913.31 of the Revised Code);

(h) Trademark counterfeiting (section 2913.34 of the Revised Code);

(i) Fraud (section 2913.40, section 2913.42, section 2913.45, section 2913.47, section 2913.48, or section 2913.49 of the Revised Code);

(j) Receiving stolen property (section 2913.51 of the Revised Code);

(k) Bribery (section 2921.02 of the Revised Code);

(l) Theft in office (section 2921.41 of the Revised Code);

(m) Having an unlawful interest in a public contract (section 2921.42 of the Revised Code);

(n) Engaging in pattern of corrupt activity (section 2923.32 of the Revised Code);

(o) Money laundering (division (A) of section 1315.55 of the Revised Code); and

(p) Criminal neglience (section 2901.21).

(C) "Division" or "division of industrial compliance" or "industrial compliance" means the division of industrial compliance in the Ohio department of commerce.

(D) "Elevator contractor" has the same meaning as that term is defined in section 4785.01 of the Revised Code.

(E) "Elevator contractor's license" means a license to operate as an elevator contractor issued by the division to a business entity under Chapter 4785. of the Revised Code.

(F) "Elevator mechanic's license" has the same meaning as that term is defined in section 4785.01 of the Revised Code.

(G) "Elevator tradesperson" means any individual who is employed by an elevator contractor and who engages in erecting, constructing, installing, altering, servicing, repairing, dismantling, removing, or maintaining a conveyance without assuming responsibility for the means, method, or manner of that erecting, constructing, installing, altering, servicing, repairing, dismantling, removing, or maintaining.

(H) "License" means a license to operate as either an elevator contractor or elevator mechanic issued under Chapter 4785. of the Revised Code.

(I) "Licensee" means a holder of a license issued by the division pursuant to Chapter 4785. of the Revised Code.

(J) "Limited-scope conveyance services" means altering, servicing, repairing, or maintaining a conveyance and both of the following applies:

(1) The scope of work is restricted to a specific part, portion, or area of a conveyance, including the following:

(a) New construction of an elevator hoistway, but does not include structural alterations of an existing hoistway; or

(b) Technical support specialist; and

(2) The work described in paragraph (J)(1) of this rule is the sole type of work offered by the individual or business entity that is subject to the jurisdiction of Chapter 4785. of the Revised Code.

(K) "Nationally recognized training program for the elevator industry" means a training program requiring no less than three years to complete that includes on-the-job training, classroom instruction, or a combination thereof, and provides programing on topics relevant to conveyance services including technical information regarding conveyance equipment, safety codes and reference standards applicable to the operation of conveyances, as well as principles of worker and workplace safety.

Last updated November 2, 2024 at 12:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-11-02 Scope.

This chapter of the Administrative Code concerns procedures applicable to the division of industrial compliance pertaining to enforcement of Chapter 4785. of the Revised Code and rules promulgated thereunder. Administrative rules applicable to the elevator safety review board, created under section 4785.09 of the Revised Code, are found in Chapter 1301:3-12 of the Administrative Code. This chapter of the Administrative Code should be read in conjunction with Chapter 4785. of the Revised Code and Chapter 1301:3-12 of the Administrative Code. Where possible, effect should be given to Chapter 4785. of the Revised Code, this chapter, and Chapter 1301:3-12 of the Administrative Code.

Last updated November 2, 2024 at 12:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-11-03 License required; Exceptions.

(A) Except as provided in paragraph (B) of this rule, no individual shall engage in "conveyance services," as defined in division (A)(7) of section 4785.01 of the Revised Code, in buildings or structures unless one of the following applies:

(1) The individual possesses and elevator mechanic's license issued in accordance with section 4785.04 of the Revised Code and rules promulgated thereunder;

(2) The individual is an elevator tradesperson and a license elevator mechanic has responsibility for the means, method, and manner of the work being performed by the individual;

(3) The individual is working pursuant to a contract with a licensed elevator contractor and a licensed elevator mechanic is physically present while the individual is performing work pursuant to the contract; or

(4) The individual is an employee of a conveyance manufacturing company and is servicing, repairing, or maintaining a conveyance manufactured by the individual's employer.

(B) An individual or business entity providing exclusively a limited-scope conveyance service is not required to obtain a license under this chapter.

(C) No licensed elevator contractor shall permit its employee(s), withing the scope of employment, to perform conveyance services without a licensed elevator mechanic having responsibility for the means, method, and manner of the work being performed by the employee(s).

Last updated November 2, 2024 at 12:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-11-04 Initial application for elevator contractor's license and elevator mechanic's license.

(A) In order to obtain an elevator contractor's license, a business entity shall submit a completed application to the division of a form designated by the division, as well as the following:

(1) Any fees required by rule 1301:3-11-07 of the Administrative Code;

(2) Documentation of the approximate number of individuals, if any, to be employed by the applicant, and if applicable, satisfactory evidence that the employees are or will be covered by worker's compensation insurance in accordance with section 4785.07 of the Revised Code;

(3) Satisfactory evidence that the applicant and all employees are, or will be, covered by general liability, personal injury, and property damage insurance in accordance with section 4785.07 of the Revised Code;

(4) A description of the criminal convictions and pleas of guilty, if any, of each of the applicant's employees that hold or are seeking to obtain an elevator mechanic's license, as verified by a criminal records check; and

(5) Such other information as the division considers appropriate.

(B) In order to obtain an elevator mechanic's license, an initial applicant shall do either of the following:

(1) If the initial applicant is seeking to obtain an elevator mechanic's license by passing an examination administered by the division, or by a testing agency approved by the division, the initial applicant shall submit a completed application to the division on a form designated by the division, as well as the following:

(a) Any fees required by rule 1301:3-11-07 of the Administrative Code;

(b) Satisfactory evidence that the applicant has not less than three years of work experience in the elevator industry, in construction, maintenance, service, repair, or any combination thereof, as verified by current and previous employers licensed to do business in this state;

(c) A description of the criminal convictions and pleas of guilty of the applicant, if any, as verified by a criminal records check; and

(d) Such other information as the division considers appropriate.

(2) Obtain a passing score on the elevator mechanic's examination in accordance with rule 1301:3-11-06 of the Administrative Code.

(3) If the initial applicant is seeking to obtain an elevator mechanic's license without passing an examination administered by the division, or by a testing agency approved by the division, the initial applicant shall submit a completed application to the division on a form designed by the division, as well as the following:

(a) Any fees required by rule 1301:3-11-07 of the Administrative Code;

(b) Evidence demonstrating to the satisfaction of the division that the applicant meets the qualifications to obtain an elevator mechanic's license in one of the following ways:

(i) A certificate of completion or other evidence of having successfully passed the mechanic examination of a nationally recognized training program for the elevator industry;

(ii) A certificate of completion of an apprenticeship program for elevator mechanics that has standards substantially equal to those of this chapter and is registered with the bureau of apprenticeship and training, United States department of labor, or a state apprenticeship council;

(iii) Evidence demonstrating that the initial applicant is license as an elevator mechanic in a state having standards substantially equal to those of this chapter; or

(iv) Acceptable proof that the applicant has worked as an elevator construction, maintenance, or repair person, consisting of having worked without direct and immediate supervision for an elevator contractor authorized to do business in this state for a period of not less than three years immediately prior to the effective date of section 4785.04 of the Revised Code, as provided in division (D)(2) of section 4785.04 of the Revised Code. An applicant seeking to establish qualifications as provided in this paragraph shall apply within one year of the effective date of this rule.

(c) A description of the criminal convictions and pleas of guilty of the applicant, if any, as verified by a criminal records check; and

(d) Such other information as the division considers appropriate.

(C) Upon receipt of an application submitted in accordance with this rule, the division shall notify the applicant if any additional information or records are needed to properly evaluate the applicant's qualification for licensure as an elevator contractor or elevator mechanic. Upon that determination, the division may request the applicant provide additional information in a manner the division deems appropriate.

Last updated November 2, 2024 at 12:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-11-07

(A) The fees for applications for examination, issuance of licenses, and biennial renewal of licenses are as follows:

(1) One hundred dollars for application for examination and for reexamination, if the examination is administered by the division of industrial compliance;

(2) One thousand dollars for issuance of an elevator contractor's license;

(3) Two hundred fifty dollars for issuance of an elevator mechanic's license;

(4) One thousand dollars for the renewal of an elevator contractor's license;

(5) Two hundred fifty dollars for the renewal of an elevator mechanic's license;

(6) Two hundred fifty dollars for issuance of a temporary elevator mechanic's license;

(7) Two hundred fifty dollars for the renewal of a temporary elevator mechanic's license;

(8) A late fee of not more than two hundred fifty dollars will be assessed when a license is not timely renewed under rule 1301:3-11-09 of the Administrative Code; and

(9) A penalty fee of thirty dollars will be assessed for any check or other draft instrument used to pay any fee required by Chapter 4785. of the Revised Code, and rules adopted thereunder, that is returned to the division as unpaid.

(B) Except as provided in paragraph (C) of this rule, each fee described in paragraph (A) of this rule is nonrefundable and payable to the Ohio department of commerce, division of industrial compliance, or its designee.

(C) The examination and reexamination fee charged to an examinee by a testing agency approved by the division under rule 1301:3-11-10 of the Administrative Code shall be set at the amount proposed by the testing agency under paragraph (A)(1)(e) of that rule and shall be collected by the testing agency administering the examination. Approval from the division must be obtained prior to this fee being increased.

Last updated November 2, 2024 at 12:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-11-06

(A) The division, or the division's designee(s), shall schedule the examination for individuals seeking an elevator mechanic's license who have been approved to take the examination. The examination shall be scheduled at least four times a year. The examinations may be held at locations approved by the superintendent of the division of industrial compliance or the superintendent's designee(s).

(B) Prior to the examination, each applicant will be given printed instructions pertaining to the examination. Failure to comply with those instructions may be cause for expulsion from the examination. Applicants shall not be permitted to communicate with other applicants during the examination.

(C) An applicant that has attained a score of seventy per cent or higher on the examination shall be deemed to have satisfactorily passed the examination.

(D) Within a reasonable amount of time following completion and scoring of the examination, each individual taking the examination shall be notified whether he or she has passed or failed the examination.

(E) An applicant that fails to pass the examination may retake the examination upon payment of the appropriate fee, if any. The approval to take the examination shall automatically expire without the taking of any action by the superintendent one calendar year from the date of receipt of a completed criminal records check.

Last updated November 2, 2024 at 12:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-11-05 Elevator contractor's and mechanic's license application review process; Disqualifying offenses.

(A) Upon approval of the applicant's qualifications, the division shall notify the applicant it has been approved to obtain an elevator contractor's license pending receipt of proof of insurance coverage as required by section 4785.07 of the Revised Code, if proof of coverage has not yet been provided by the applicant.

(B)

(1) Upon approval of the applicant's qualifications, the division shall notify the applicant in writing that the applicant has been approved either to take the mechanic's examination, if the application was submitted under paragraph (B)(1) of rule 1301:3-11-04 of the Administrative Code, or to obtain an elevator mechanic's license, if the application was submitted under paragraph (B)(2) of rule 1301:3-11-04 of the Administrative Code, pending the receipt of an acceptable criminal records check. The notice shall instruct the applicant on how to submit to a criminal records check, if such a check is required, as set forth in Chapter 4776. of the Revised Code and this chapter

(2) Upon receipt of the criminal records check, the division shall determine whether the applicant has been convicted of, had a judicial finding of, or pleaded guilty to a disqualifying offense, as that term is defined in rule 1301:3-11-01 of the Administrative Code.

(3) Upon the receipt of an acceptable criminal records check, the division shall notify the applicant in writing of either of the following:

(a) If the application was submitted under paragraph (B)(1) of rule 1301:3-11-04 of the Administrative Code, that the applicant has been approved to take the elevator mechanic's examination, as provided for in rule 1301:3-11-06 of the Administrative Code. The notification shall include a schedule of test dates and information pertaining to the third party authorized to administer the test, if any. The notification shall be sent to the applicant in such a manner that the applicant will receive the notification within a reasonable time prior to the scheduled date of the examination.

(b) If the application was submitted under paragraph (B)(2) of rule 1310:3-11-04 of the Administrative Code, that the applicant has been approved to obtain an elevator mechanic's license.

Last updated November 2, 2024 at 12:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-11-09

(A) At least ninety days prior to the expiration of an elevator contractor's or elevator mechanic's license, the division shall provide or make available an application to each holder of a license issued pursuant to Chapter 4785. of the Revised Code. The application shall be on a form and in a format prescribed by the division.

(B) Upon receipt of a completed application and submission of any applicable fee(s) as required by rule 1301:3-11-07 of the Administrative Code, the division shall renew a license if the holder demonstrates that the licensee continues to meet the qualifications set forth in sections 4785.04 and 4785.041 of the Revised Code, and the licensee meets all of the following renewal requirements:

(1) For elevator contractors: submits proof that the licensee is in compliance with the insurance requirements prescribed in section 4785.07 of the Revised Code.

(2) For elevator mechanics:

(a) Certifies the licensee has not been convicted of, had a judicial finding of, or pleaded guilty to a disqualifying offense as defined in rule 1301:3-11-01 of the Administrative Code since obtaining the license or renewal or provides documentation of the offense if a certification cannot be provided in accordance with this rule.

(b) Submits evidence that the licensee has satisfied all continuing education requirements as set forth in Chapter 4785. of the Revised Code and rules promulgated thereunder.

(C) If the licensee fails to timely meet the renewal requirements, the license shall automatically be suspended without the taking of any action by the division. A suspended license may be reactivated upon application within one calendar year from the expiration date of the license and approval of the division, provided that the renewal fee plus a late fee is submitted by the renewal applicant.

Last updated November 2, 2024 at 12:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-11-10

(A)

(1) In order to obtain approval to administer the elevator mechanic's examination, as required by division (D)(1)(b) of section 4785.04 of the Revised Code, a testing agency shall apply to the division on a form prescribed and furnished by the division. The testing agency shall provide the following information to the division on the application form prescribed by the division:

(a) Name, address, email address, and telephone number of the testing agency;

(b) Name, address, email address, and telephone number of the owner(s) of the testing agency;

(c) The testing agency's experience in administering examinations, including years of operation and types of examinations the testing agency has administered;

(d) Procedures the testing agency will utilize to administer the examination, including procedures to monitor examinees during the examination;

(e) The amount of the examination and reexamination fee the testing agency will charge to an examinee to sit for the examination and reexamination; and

(f) Any other information the division may reasonably require.

(2) Approval as a testing agency under paragraph (A) of this rule shall expire five years after the date the division approved the testing agency.

(B)

(1) In order to obtain approval to provide continuing education programming, as required by section 4785.041 of the Revised Code, a continuing education provider shall apply to the division on a form prescribed and furnished by the division. The continuing education provider shall provide the following information to the division on the application form prescribed by the division:

(a) Name, address, email address, and telephone number of the continuing education provider;

(b) Name, address, email address, and telephone number of the owner(s) of the continuing education provider;

(c) A list of instructors that will conduct the continuing education program on behalf of the provider, including an explanation of how the instructors are qualified to conduct the continuing education program;

(d) An agenda for each continuing education course offered by the provider;

(e) An agreement to attend an annual meeting held by the division, at the division's request; and

(f) Any other information the division may reasonably require.

(2) Approval as a continuing education provider under paragraph (B)(1) of this rule shall expire two years after the date the division approved the continuing education provider.

Last updated November 2, 2024 at 12:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-11-08 Denial of initial application or renewal application for elevator contractor's or elevator mechanic's license.

(A) The superintendent may direct the division to deny an initial application for elevator contractor's or elevator mechanic's license or refuse to renew a license issued in accordance with Chapter 4785. of the Revised Code upon a finding that the applicant or licensee has done any of the following:

(1) Been convicted of a "disqualifying offense," as that term is defined in paragraph (B) of rule 1301:3-11-01 of the Administrative Code, and the division determines that the license should be denied using the process described in section 9.79 of the Revised Code;

(2) Violated any provision of Chapter 4105. or 4785. of the Revised Code;

(3) Violated any rule adopted pursuant to Chapter 4105. or 4785. of the Revised Code;

(4) Failed to meet the requirements for obtaining or renewing a license under Chapter 4785. of the Revised Code or rules promulgated thereunder;

(5) Obtained or attempted to obtain a license pursuant to Chapter 4785. of the Revised Code by means of fraud, deception, or misrepresentation;

(6) Obtained an order, ruling, or authorization from the division of industrial compliance by means of fraud, deception, or misrepresentation; or

(7) Engaged in fraud, misrepresentation, or deception in the conduct of business.

(B) A party adversely affected by an adjudication order issued pursuant to this rule shall have a right of appeal pursuant to section 119.12 of the Revised Code.

Last updated November 2, 2024 at 12:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-11-11 Continuing education; Credits; Temporary continuing education waiver; inactive status.

(A) Continuing education:

(1) An approved continuing education provider shall provide to the division a roster of all individuals holding a license issued pursuant to Chapter 4785. of the Revised Code that attended a continuing education course as well as a copy of the agenda of the education course provided. The roster must be submitted within fourteen calendar days of the date of completion of the course or program of instruction. The roster shall be provided to the division on a form prescribed by the division or via any other means of electronic transmission that the division deems appropriate. The roster shall contain any information the division deems appropriate. The continuing education provider shall maintain a copy of every roster for a period of three years after each course is held. Failure to properly report may result in disapproval or non-renewal of a continuing education provider's approval.

(2) Upon request of the division, training materials and handouts provided to attendants of continuing education courses shall be made available to the division for inspection.

(B) Credits: Only time of actual instruction counts toward a credit hour. Thirty minutes of instruction equals one-half hour of continuing education credit. Credit is not awarded for breaks.

(C) Temporary continuing education waiver: An application for a temporary continuing education waiver must be submitted prior to expiration of the applicant's elevator mechanic's license. An extension may be permitted at the division's discretion in extenuating circumstances, but under no circumstances may a temporary continuing education waiver be issued to a licensee more than one year after his or her license has expired.

(D) Inactive status:

(1) A holder of a license that has been placed into inactive status is prohibited from performing any conveyance services subject to the jurisdiction of Chapter 4785. of the Revised Code and rules promulgated thereunder. Engaging in conveyance services while a license remains in inactive status shall be grounds for discipline, including up to revocation of the license.

(2) A holder of a license that has been placed into inactive status shall submit to the division a certified statement on a form prescribed by the division attesting to the termination of the temporary disability within thirty calendar days of the date the temporary disability has been terminated. A waiver sticker, valid for ninety days, will then be provided to the licensee and affixed to the license. During this ninety-day period, the licensee shall comply with the continuing education requirements for renewal of the license, or prior to the expiration of the license, whichever is later. Failure to meet the continuing education requirements during this ninety-day period shall result in the license being suspended with no action needing to be taken by the division.

Last updated November 2, 2024 at 12:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-11-12 Monitoring of inspections and testing.

At the division's request, a licensed elevator contractor or licensed elevator mechanic shall notify the division when the licensee will be performing a safety test of a conveyance subject to Chapters 4105. and 4785. of the Revised Code. The division may request notice as to a specific licensee, specific type of conveyance, specific location as to where a safety test will be performed, or any combination thereof. The notice provided by the licensee shall inform the division of the time, place, and type of safety test(s) that the licensee intends to perform and shall be given in such a manner so as to permit the division to monitor the test as it is being performed. Failure to provide notice of a safety test as required by this rule may result in the division deeming the safety test invalid and requiring the safety test to be performed again.

Last updated November 2, 2024 at 12:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-11-13 State of emergency declaration; Emergency elevator mechanic's license.

(A) After the superintendent has declared a state of emergency in accordance with section 4785.05 of the Revised Code, an individual seeking an emergency elevator mechanic's license shall submit an application for such a license on a form prescribed by the division. The applicant shall supply the following information with the form provided by the division:

(1) Name, address, phone number, and email address of the applicant;

(2) Name, address, phone number, and email address of the licensed elevator contractor that has found the applicant to have an acceptable combination of documented experience and education to perform conveyance services without direct and immediate supervision, as required by division (B) of section 4785.05 of the Revised Code;

(3) A statement of the applicant's education, training, and experience qualifying him or her to obtain an emergency elevator mechanic's license; and

(4) Any additional information the division may reasonably require.

(B) Upon receipt of an application submitted in accordance with paragraph (A) of this rule, the division shall make a determination as to whether an emergency elevator mechanic's license should be issued to the applicant. In making this determination, the division may consider the following factors:

(1) The nature of the emergency, including the following:

(a) The severity of the emergency;

(b) The geographical area affected by the emergency;

(d) The approximate number of conveyances subject to the jurisdiction of Chapter 4785. of the Revised Code likely to be affected by the emergency.

(2) The applicant's qualifications for obtaining an emergency elevator mechanic's license, including the following:

(a) The applicant's education and training experience;

(b) The applicant's experience in performing conveyance services; and

(3) The availability of licensed elevator contractors and elevator mechanics to provide conveyance services in the area subject to the emergency; and

(4) Any other information the division deems relevant to the determination.

(C) Upon a favorable finding, the division shall issue an emergency elevator mechanic's license to the applicant. At the time the license is issued, the division shall provide notice to the emergency elevator mechanic licensee of all restrictions placed on the emergency license, if any, including geographical area and particular conveyance(s) upon which the licensee is authorized to perform conveyance services under the emergency license.

(D) Within ten days of the expiration of an emergency elevator mechanic's license, a renewal application may be submitted by the holder of the license. The division shall consider a renewal application in the same manner as an initial application as provided in paragraph (B) of this rule.

Last updated November 2, 2024 at 12:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-11-14 Licensee shortage; Temporary elevator mechanic's license.

(A) An elevator contractor shall notify the division of industrial compliance within the department of commerce when there are no licensed elevator mechanics available to provide conveyance services by submitting notice of a licensee shortage on a form prescribed and provided by the division, as well as the following:

(1) A brief description of the nature of the licensee shortage that the elevator contractor has observed; and

(2) A brief description of the steps the elevator contractor has undertaken, if any, to find licensed elevator mechanics to fill the purported shortage.

(B) After an elevator contractor has submitted notice of a licensee shortage in accordance with paragraph (A) of this rule, an elevator contractor may submit an elevator mechanic certification to the division on a form prescribed and provided by the division. The elevator contractor shall provide the following information to the division on the certification form:

(1) Name, address, email address, and telephone number of the elevator contractor;

(2) Name, address, email address, and telephone number of the individual on behalf of whom the elevator contractor is providing the certification form;

(3) A brief description of the experience and education of the individual on behalf of whom the elevator contractor is providing the certification that demonstrates the individual is qualified to provide conveyance services without direct and immediate supervision; and

(4) A statement that the elevator contractor plans to employ the individual the elevator contractor is providing the certification form on behalf of if the individual is issued a temporary elevator mechanic's license.

(C) Any individual certified by an elevator contractor in accordance with paragraph (B) of this rule may submit an application for a temporary elevator mechanic's license to the division on a form prescribed and provided by the division. The applicant shall provide the following information to the division on the application form:

(1) Name, address, email address, and telephone number of the applicant;

(2) A brief description of the applicant's experience and education relevant to the individual's qualifications to provide conveyance services;

(3) The application fee required under rule 1301:3-11-07 of the Administrative Code; and

(4) Any additional information the division may reasonably require.

(D) Upon receipt of an application submitted in accordance with paragraph (C) of this rule, the division shall make a determination as to whether the applicant is qualified to obtain a temporary elevator mechanic's license. Upon a favorable finding, the division shall issue a temporary elevator mechanic's license to the applicant that includes a notation of the term the temporary license will be valid.

(E)

(1) Within thirty days of the expiration of a temporary elevator mechanic's license, the holder of a temporary license may submit a renewal application on a form prescribed and provided by the division, as well as the following:

(a) Evidence demonstrating that the holder of the temporary elevator mechanic's license is still employed with the elevator contractor that certified the individual as being qualified;

(b) A certification by the elevator contractor that the licensee shortage has not been alleviated;

(d) Any additional information the division may reasonably require.

(2) A temporary elevator mechanic's license issued in accordance with this rule remains effective during the period a renewal application is being reviewed by the division.

(3) Upon a favorable finding, the division shall issue a renewal of a temporary elevator mechanic's license that includes a notation of the term that the renewal of the temporary license will be valid.

(F) A temporary elevator mechanic's license issued in accordance with this rule shall expire immediately, with no action needing to be taken by the division, upon the termination of the employment relationship between the temporary licensee and the licensed elevator contractor that certified the individual as being qualified.

Last updated November 2, 2024 at 12:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-11-15 Elevator contractor insurance requirements; Notice of updated insurance policy.

(A) All business entities holding an elevator contractor's license pursuant to Chapter 4785. of the Revised Code shall maintain contractor's liability insurance in accordance with section 4785.07 of the Revised Code. The contactor's liability insurance shall be in the name of the business entity. The business entity must be registered with the Ohio secretary of state to do business in Ohio.

(B) An initial application for an elevator contractor's license may be conditionally approved pending receipt of proof of insurance in accordance with section 4785.07 of the Revised Code. Upon receipt of proof of insurance, an initial elevator contractor's license will be issued.

(C) No less than ten days before a material alteration or cancellation of an insurance policy required by section 4785.07 of the Revised Code will take effect, notice of the change shall be provided to the division on a form prescribed and provided by the division.

Last updated November 2, 2024 at 12:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-11-16 Death of licensed elevator mechanic.

(A) Except as otherwise provided in this section, a licensed elevator contractor shall have at least one licensed elevator mechanic in its employ in order to provide conveyance services under Chapter 4785. of the Revised Code.

(B) An elevator mechanic's license terminates upon the death of the licensee. A licensed elevator contractor shall provide notice to the division of the death of a licensed elevator mechanic if the deceased is the only licensed elevator mechanic employed by the contractor.

(C) Notwithstanding paragraph (A) of this rule, a licensed elevator contractor may continue to provide conveyance services for sixty days following the death of a licensed elevator mechanic employed by the contractor, if the deceased was the only licensed elevator mechanic employed by the elevator contractor at the time of the elevator mechanic's death.

Last updated November 2, 2024 at 12:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-11-17 Elevator safety review board referral; Investigations.

(A) Upon receipt of a complaint that a violation of Chapter 4785. of the Revised Code or rules promulgated thereunder has been committed, the division of industrial compliance shall refer the matter to the elevator safety review board for investigation under section 4785.092 of the Revised Code.

(B) In addition to referring a complaint to the elevator safety review board, the division may independently investigate an alleged violation of Chapter 4785. of the Revised Code or rules promulgated thereunder to the extent relevant to renewal of an elevator mechanic's or elevator contractor's license, as provided in division (F) of section 4785.041 of the Revised Code.

Last updated November 2, 2024 at 12:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-11-18 Temporary licenses for members of the military and their spouses.

As provided in section 4743.041 of the Revised Code, temporary licenses shall be issued in accordance with Chapter 1301:3-9 of the Administrative Code.

Last updated November 2, 2024 at 12:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-11-19 License issued to out-of-state applicants pursuant to sections 4796.03 through 4796.05 of the Revised Code.

A license under sections 4796.03 to 4796.05 of the Revised Code shall be issued in accordance with the plan established by the superintendent of the division of industrial compliance in Chapter 1301:3-10 of the Administrative Code.

Last updated November 2, 2024 at 12:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Chapter 1301:3-12 Elevator Safety Review Board

Ohio Adm.Code 1301:3-12-01 Definitions.

(A) "Board" means the elevator safety review board.

(B) As used in division (F)(2) of section 4785.09 of the Revised Code, "majority of the board" means a majority of active board members and does not include vacant positions.

Last updated September 6, 2024 at 8:16 AM

History

Effective: September 6, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-12-02 Scope.

This chapter of the Administrative Code concerns procedures applicable to the elevator safety review board pertaining to enforcement of Chapter 4785. of the Revised Code and rules promulgated thereunder. Administrative rules applicable to the division of industrial compliance are found in Chapter 1301:3-11 of the Administrative Code. This chapter of the Administrative Code should be read in conjunction with Chapter 4785. of the Revised Code and Chapter 1301:3-11 of the Administrative Code. Where possible, effect should be given to Chapter 4785. of the Revised Code, Chapter 1301:3-11, and this chapter of the Administrative Code.

Last updated September 6, 2024 at 8:16 AM

History

Effective: September 6, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-12-03 Elevator safety review board; Meetings; Special meetings.

(A) The board shall post a list of all regularly scheduled meetings on the website of the division of industrial compliance. Any person may be informed of the time and place of all regularly scheduled meetings by writing to the elevator safety review board at "6606 Tussing Road, Reynoldsburg, Ohio, 43068," or calling the board at (614) 644-2223 between the hours of eight a.m. and five p.m., Monday through Friday. Additionally, any person, upon request, may obtain reasonable advance notification of all meetings at which a specific type of public business is to be discussed.

(B)

(1) The board shall post a schedule of all special meetings on the website of the division of industrial compliance. Any person may be informed of the time and place of all specially scheduled meetings by writing to or calling the elevator safety review board using the contact information listed in paragraph (A) of this rule.

(2) Any representative of the news media may obtain notice of all special meetings by submitting a request for notice of special meeting in the following manner:

(a) Addressing the request to: "Board Secretary, Elevator Safety Review Board, 6606 Tussing Rd., Reynoldsburg, Ohio, 43068-9009"; and

(b) Providing the name of the individual media representative to be contacted, mailing address, e-mail address, and a maximum of two telephone numbers where the representative can be reached.

(3) In the event of a special meeting, the board shall notify all media representatives on the list of such meeting by doing one of the following: sending written notice, which must be mailed no later than five calendar days prior to the event of the special meeting, or notifying such representatives by telephone no later than twenty-four hours prior to the special meeting; or informing such representative personally no later than twenty-four hours prior to the special meeting.

(C) Questions of parliamentary procedure not otherwise provided for shall be governed by the most current version of "Robert's Rules of Order Newly Revised."

Last updated September 6, 2024 at 8:16 AM

History

Effective: September 6, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-12-04 Request for Investigation; Investigations; Notice of hearing.

(A) Upon receipt of a request for investigation submitted in accordance with section 4785.092 of the Revised Code, the elevator safety review board shall make an initial determination as to whether there are reasonable grounds to believe that a violation or danger exists.

(B)

(1) If the board determines that there are reasonable grounds to believe that a violation or danger exists, the board shall conduct an investigation to determine whether a violation of Chapter 4785. of the Revised Code or rules promulgated thereunder has been committed. The board may request the division's assistance with conducting an investigation.

(2) If the board determines that there are no reasonable grounds to believe that a violation or danger exists, the board shall notify the individual making the request in writing of that determination.

(C) If, following an investigation, the board determines that a violation of Chapter 4785. of the Revised Code or rules promulgated thereunder has been committed, the board shall provide notice to the alleged violator in accordance with section 4785.091 of the Revised Code.

Last updated September 6, 2024 at 8:16 AM

History

Effective: September 6, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-12-05 Disciplinary hearing.

Administrative action taken by the board shall be made only after a hearing held by the board in accordance with Chapter 119. of the Revised Code.

Last updated September 6, 2024 at 8:17 AM

History

Effective: September 6, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-12-06 Denial, revocation, or suspension of an elevator contractor's or elevator mechanic's license; Civil penalty; Fines.

(A) The elevator safety review board may suspend or revoke a license issued pursuant to Chapter 4785. of the Revised Code, impose a civil penalty, or any combination thereof, upon a finding by the board that the licensee has committed a violation of Chapter 4785. of the Revised Code or rules promulgated thereunder.

(B) The elevator safety review board may impose a civil penalty against an individual upon a finding that he or she has committed a violation of Chapter 4785. of the Revised Code or rules promulgated thereunder, including performing conveyance services without a license in violation of section 4785.03 of the Revised Code.

(C) The elevator safety review board shall hold an adjudication hearing to determine whether an individual may be sanctioned pursuant to this rule.

Last updated September 6, 2024 at 8:17 AM

History

Effective: September 6, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1301:3-12-07 Administrative appeal for elevator mechanic or elevator contractor.

Administrative appeals held under Chapter 4785. of the Revised Code shall be conducted in conformity with Chapter 119. of the Revised Code.

Last updated September 6, 2024 at 8:17 AM

History

Effective: September 6, 2024
Promulgated Under: 119.03