Sec. 3781.032. If a person wishes to bring a claim against a | 15 |
manufacturer or supplier of a carbon monoxide alarm or portable | 16 |
fire extinguisher required to be installed under rules adopted by | 17 |
the board of building standards pursuant to division (A) of | 18 |
section 3781.10 of the Revised Code for a defect in operation of | 19 |
any component of such a carbon monoxide alarm or portable fire | 20 |
extinguisher, the person shall bring that action in accordance | 21 |
with sections 2307.71 to 2307.80 of the Revised Code. | 22 |
Sec. 3781.10. (A)(1) The board of building standards shall | 23 |
formulate and adopt rules governing the erection, construction, | 24 |
repair, alteration, and maintenance of all buildings or classes of | 25 |
buildings specified in section 3781.06 of the Revised Code, | 26 |
including land area incidental to those buildings, the | 27 |
construction of industrialized units, the installation of | 28 |
equipment, and the standards or requirements for materials used in | 29 |
connection with those buildings. The board shall incorporate those | 30 |
rules into separate residential and nonresidential building codes. | 31 |
The standards shall relate to the conservation of energy and the | 32 |
safety and sanitation of those buildings.
The board shall include | 33 |
both of the following in the rules governing residential | 34 |
buildings: | 35 |
(2) The rules governing nonresidential buildings are the | 44 |
lawful minimum requirements specified for those buildings and | 45 |
industrialized units, except that no rule other than as provided | 46 |
in division (C) of section 3781.108 of the Revised Code that | 47 |
specifies a higher requirement than is imposed by any section of | 48 |
the Revised Code is enforceable. The rules governing residential | 49 |
buildings are uniform requirements for residential buildings in | 50 |
any area with a building department certified to enforce the state | 51 |
residential building code. In no case shall any local code or | 52 |
regulation differ from the state residential building code unless | 53 |
that code or regulation addresses subject matter not addressed by | 54 |
the state residential building code or is adopted pursuant to | 55 |
section 3781.01 of the Revised Code.
| 56 |
(3) The rules adopted pursuant to this section are complete, | 57 |
lawful alternatives to any requirements specified for buildings or | 58 |
industrialized units in any section of the Revised Code. Except as | 59 |
otherwise provided in division (I) of this section, the board | 60 |
shall, on its own motion or on application made under sections | 61 |
3781.12 and 3781.13 of the Revised Code, formulate, propose, | 62 |
adopt, modify, amend, or repeal the rules to the extent necessary | 63 |
or desirable to effectuate the purposes of sections 3781.06 to | 64 |
3781.18 of the Revised Code.
| 65 |
(B) The board shall report to the general assembly proposals | 66 |
for amendments to existing statutes relating to the purposes | 67 |
declared in section 3781.06 of the Revised Code that public health | 68 |
and safety and the development of the arts require and shall | 69 |
recommend any additional legislation to assist in carrying out | 70 |
fully, in statutory form, the purposes declared in that section. | 71 |
The board shall prepare and submit to the general assembly a | 72 |
summary report of the number, nature, and disposition of the | 73 |
petitions filed under sections 3781.13 and 3781.14 of the Revised | 74 |
Code.
| 75 |
(C) On its own motion or on application made under sections | 76 |
3781.12 and 3781.13 of the Revised Code, and after thorough | 77 |
testing and evaluation, the board shall determine by rule that any | 78 |
particular fixture, device, material, process of manufacture, | 79 |
manufactured unit or component, method of manufacture, system, or | 80 |
method of construction complies with performance standards adopted | 81 |
pursuant to section 3781.11 of the Revised Code. The board shall | 82 |
make its determination with regard to adaptability for safe and | 83 |
sanitary erection, use, or construction, to that described in any | 84 |
section of the Revised Code, wherever the use of a fixture, | 85 |
device, material, method of manufacture, system, or method of | 86 |
construction described in that section of the Revised Code is | 87 |
permitted by law. The board shall amend or annul any rule or issue | 88 |
an authorization for the use of a new material or manufactured | 89 |
unit on any like application. No department, officer, board, or | 90 |
commission of the state other than the board of building standards | 91 |
or the board of building appeals shall permit the use of any | 92 |
fixture, device, material, method of manufacture, newly designed | 93 |
product, system, or method of construction at variance with what | 94 |
is described in any rule the board of building standards adopts or | 95 |
issues or that is authorized by any section of the Revised Code. | 96 |
Nothing in this section shall be construed as requiring approval, | 97 |
by rule, of plans for an industrialized unit that conforms with | 98 |
the rules the board of building standards adopts pursuant to | 99 |
section 3781.11 of the Revised Code.
| 100 |
(D) The board shall recommend rules, codes, and standards to | 101 |
help carry out the purposes of section 3781.06 of the Revised Code | 102 |
and to help secure uniformity of state administrative rulings and | 103 |
local legislation and administrative action to the bureau of | 104 |
workers' compensation, the director of commerce, any other | 105 |
department, officer, board, or commission of the state, and to | 106 |
legislative authorities and building departments of counties, | 107 |
townships, and municipal corporations, and shall recommend that | 108 |
they audit those recommended rules, codes, and standards by any | 109 |
appropriate action that they are allowed pursuant to law or the | 110 |
constitution.
| 111 |
(E)(1) The board shall certify municipal, township, and | 112 |
county building departments and the personnel of those building | 113 |
departments, and persons and employees of individuals, firms, or | 114 |
corporations as described in division (E)(7) of this section to | 115 |
exercise enforcement authority, to accept and approve plans and | 116 |
specifications, and to make inspections, pursuant to sections | 117 |
3781.03, 3791.04, and 4104.43 of the Revised Code.
| 118 |
(3) The board shall not require a building department, its | 125 |
personnel, or any persons that it employs to be certified for | 126 |
residential building code enforcement if that building department | 127 |
does not enforce the state residential building code. The board | 128 |
shall specify, in rules adopted pursuant to Chapter 119. of the | 129 |
Revised Code, the requirements for certification for residential | 130 |
and nonresidential building code enforcement, which shall be | 131 |
consistent with this division. The requirements for residential | 132 |
and nonresidential certification may differ. Except as otherwise | 133 |
provided in this division, the requirements shall include, but are | 134 |
not limited to, the satisfactory completion of an initial | 135 |
examination and, to remain certified, the completion of a | 136 |
specified number of hours of continuing building code education | 137 |
within each three-year period following the date of certification | 138 |
which shall be not less than thirty hours. The rules shall provide | 139 |
that continuing education credits and certification issued by the | 140 |
council of American building officials, national model code | 141 |
organizations, and agencies or entities the board recognizes are | 142 |
acceptable for purposes of this division. The rules shall specify | 143 |
requirements that are compatible, to the extent possible, with | 144 |
requirements the council of American building officials and | 145 |
national model code organizations establish.
| 146 |
(6) This division does not require or authorize the board to | 155 |
certify personnel of municipal, township, and county building | 156 |
departments, and persons and employees of persons, firms, or | 157 |
corporations as described in this section, whose responsibilities | 158 |
do not include the exercise of enforcement authority, the approval | 159 |
of plans and specifications, or making inspections under the state | 160 |
residential and nonresidential building codes.
| 161 |
(a) The certification of building department personnel and | 201 |
persons and employees of persons, firms, or corporations | 202 |
exercising authority pursuant to division (E)(7) of this section. | 203 |
The rules shall disqualify any employee of the department or | 204 |
person who contracts for services with the department from | 205 |
performing services for the department when that employee or | 206 |
person would have to pass upon, inspect, or otherwise exercise | 207 |
authority over any labor, material, or equipment the employee or | 208 |
person furnishes for the construction, alteration, or maintenance | 209 |
of a building or the preparation of working drawings or | 210 |
specifications for work within the jurisdictional area of the | 211 |
department. The department shall provide other similarly qualified | 212 |
personnel to enforce the residential and nonresidential building | 213 |
codes as they pertain to that work.
| 214 |
(11) The board of building standards may revoke or suspend | 217 |
certification to enforce the residential and nonresidential | 218 |
building codes, on petition to the board by any person affected by | 219 |
that enforcement or approval of plans, or by the board on its own | 220 |
motion. Hearings shall be held and appeals permitted on any | 221 |
proceedings for certification or revocation or suspension of | 222 |
certification in the same manner as provided in section 3781.101 | 223 |
of the Revised Code for other proceedings of the board of building | 224 |
standards.
| 225 |
(F) In addition to hearings sections 3781.06 to 3781.18 and | 233 |
3791.04 of the Revised Code require, the board of building | 234 |
standards shall make investigations and tests, and require from | 235 |
other state departments, officers, boards, and commissions | 236 |
information the board considers necessary or desirable to assist | 237 |
it in the discharge of any duty or the exercise of any power | 238 |
mentioned in this section or in sections 3781.06 to 3781.18, | 239 |
3791.04, and 4104.43 of the Revised Code.
| 240 |
(G) The board shall adopt rules and establish reasonable fees | 241 |
for the review of all applications submitted where the applicant | 242 |
applies for authority to use a new material, assembly, or product | 243 |
of a manufacturing process. The fee shall bear some reasonable | 244 |
relationship to the cost of the review or testing of the | 245 |
materials, assembly, or products and for the notification of | 246 |
approval or disapproval as provided in section 3781.12 of the | 247 |
Revised Code.
| 248 |
(2) If the board receives a proposed rule to update or amend | 260 |
the state residential building code as provided in division (I)(1) | 261 |
of this section, the board either may accept or reject the | 262 |
proposed rule for incorporation into the residential building | 263 |
code. If the board does not act to either accept or reject the | 264 |
proposed rule within ninety days after receiving the proposed rule | 265 |
from the committee as described in division (I)(1) of this | 266 |
section, the proposed rule shall become part of the residential | 267 |
building code. | 268 |
Sec. 4740.14. (A) There is hereby created within the | 275 |
department of commerce the residential construction advisory | 276 |
committee consisting of nine persons the director of commerce | 277 |
appoints. Of the advisory committee's members, three shall be | 278 |
general contractors who have recognized ability and experience in | 279 |
the construction of residential buildings, two shall be building | 280 |
officials who have experience administering and enforcing a | 281 |
residential building code, one, chosen from a list of three names | 282 |
the Ohio fire chief's association submits, shall be from the fire | 283 |
service certified as a fire safety inspector who has at least ten | 284 |
years of experience enforcing fire or building codes, one shall be | 285 |
a residential contractor who has recognized ability and experience | 286 |
in the remodeling and construction of residential buildings, one | 287 |
shall be an architect registered pursuant to Chapter 4703. of the | 288 |
Revised Code, with recognized ability and experience in the | 289 |
architecture of residential buildings, and one, chosen from a list | 290 |
of three names the Ohio municipal league submits to the director, | 291 |
shall be a mayor of a municipal corporation in which the Ohio | 292 |
residential building code is being enforced in the municipal | 293 |
corporation by a certified building department. | 294 |
(1) Recommend to the board of building standards a building | 305 |
code for residential buildings. The committee shall recommend a | 306 |
code that it may model on a residential building code a national | 307 |
model code organization issues, with adaptations necessary to | 308 |
implement the code in this state. If the board of building | 309 |
standards decides not to adopt a code the committee recommends, | 310 |
the committee shall revise the code and resubmit it until the | 311 |
board adopts a code the committee recommends as the state | 312 |
residential building code;. | 313 |
(F)(G) Members of the advisory committee shall receive no | 352 |
salary for the performance of their duties as members, but shall | 353 |
receive their actual and necessary expenses incurred in the | 354 |
performance of their duties as members of the advisory committee | 355 |
and shall receive a per diem for each day in attendance at an | 356 |
official meeting of the committee, to be paid from the labor | 357 |
operating fund in the state treasury, using fees collected in | 358 |
connection with residential buildings pursuant to division (F)(2) | 359 |
of section 3781.102 of the Revised Code and deposited in that | 360 |
fund. | 361 |
(B)(1) Except as provided in division (B)(2) of this section, | 374 |
this section applies to any transfer of residential real property | 375 |
that occurs on or after July 1, 1993, by sale, land installment | 376 |
contract, lease with option to purchase, exchange, or lease for a | 377 |
term of ninety-nine years and renewable forever. For purposes of | 378 |
this section, a transfer occurs when the initial contract for | 379 |
transfer is executed, regardless of when legal title is | 380 |
transferred, and references in this section to transfer offers and | 381 |
transfer agreements refer to offers and agreements in respect of | 382 |
the initial contract for transfer. | 383 |
(a) A transfer pursuant to court order, including, but not | 386 |
limited to, a transfer ordered by a probate court during the | 387 |
administration of a decedent's estate, a transfer pursuant to a | 388 |
writ of execution, a transfer by a trustee in bankruptcy, a | 389 |
transfer as a result of the exercise of the power of eminent | 390 |
domain, and a transfer that results from a decree for specific | 391 |
performance of a contract or other agreement between persons; | 392 |
(C) Except as provided in division (B)(2) of this section and | 431 |
subject to divisions (E) and (F) of this section, every person who | 432 |
intends to transfer any residential real property on or after July | 433 |
1, 1993, by sale, land installment contract, lease with option to | 434 |
purchase, exchange, or lease for a term of ninety-nine years and | 435 |
renewable forever shall complete all applicable items in a | 436 |
property disclosure form prescribed under division (D) of this | 437 |
section and shall deliver in accordance with division (I) of this | 438 |
section a signed and dated copy of the completed form to each | 439 |
prospective transferee or prospective transferee's agent as soon | 440 |
as is practicable. | 441 |
(D)(1) Prior to July 1, 1993, theThe director of commerce, | 442 |
by rule adopted in accordance with Chapter 119. of the Revised | 443 |
Code, shall prescribe the disclosure form to be completed by | 444 |
transferors. The form prescribed by the director shall be designed | 445 |
to permit the transferor to disclose material matters relating to | 446 |
the physical condition of the property to be transferred, | 447 |
including, but not limited to, the source of water supply to the | 448 |
property; the nature of the sewer system serving the property; the | 449 |
condition of the structure of the property, including the roof, | 450 |
foundation, walls, and floors; the presence of hazardous materials | 451 |
or substances, including lead-based paint, asbestos, | 452 |
urea-formaldehyde foam insulation, and radon gas; and any material | 453 |
defects in the property that are within the actual knowledge of | 454 |
the transferor. | 455 |
The form also shall set forth a statement of the purpose of | 463 |
the form, including statements substantially similar to the | 464 |
following: that the form constitutes a statement of the conditions | 465 |
of the property and of information concerning the property | 466 |
actually known by the transferor; that, unless the transferee is | 467 |
otherwise advised in writing, the transferor, other than having | 468 |
lived at or owning the property, possesses no greater knowledge | 469 |
than that which could be obtained by a careful inspection of the | 470 |
property by a potential transferee; that the statement is not a | 471 |
warranty of any kind by the transferor or by any agent or subagent | 472 |
representing the transferor in this transaction; that the | 473 |
statement is not a substitute for any inspections; that the | 474 |
transferee is encouraged to obtain the transferee's own | 475 |
professional inspection; that the representations are made by the | 476 |
transferor and are not the representations of the transferor's | 477 |
agent or subagent; and that the form and the representations | 478 |
contained therein are provided by the transferor exclusively to | 479 |
potential transferees in a transfer made by the transferor, and | 480 |
are not made to transferees in any subsequent transfers. | 481 |
(F)(1) A transferor of residential real property is not | 508 |
liable in damages in a civil action for injury, death, or loss to | 509 |
person or property that allegedly arises from any error in, | 510 |
inaccuracy of, or omission of any item of information required to | 511 |
be disclosed in the property disclosure form if the error, | 512 |
inaccuracy, or omission was not within the transferor's actual | 513 |
knowledge. | 514 |
(2) If any item of information that is disclosed in the | 515 |
property disclosure form is rendered inaccurate after the delivery | 516 |
of the form to the transferee of residential real property or the | 517 |
transferee's agent as a result of any act, occurrence, or | 518 |
agreement, the subsequent inaccuracy does not cause, and shall not | 519 |
be construed as causing, the transferor of the residential real | 520 |
property to be in noncompliance with the requirements of divisions | 521 |
(C) and (D) of this section. | 522 |
(I) The transferor's delivery under division (C) of this | 538 |
section of a property disclosure form as prescribed under division | 539 |
(D) of this section and the prospective transferee's delivery | 540 |
under division (H) of this section of an acknowledgment of receipt | 541 |
of that form shall be made by personal delivery to the other party | 542 |
or the other party's agent or subagent, by ordinary mail or | 543 |
certified mail, return receipt requested, or by facsimile | 544 |
transmission. For the purposes of the delivery requirements of | 545 |
this section, the delivery of a property disclosure form to a | 546 |
prospective co-transferee of residential real property or a | 547 |
prospective co-transferee's agent shall be considered delivery to | 548 |
the other prospective transferees unless otherwise provided by | 549 |
contract. | 550 |
(J) The specification of items of information that must be | 551 |
disclosed in the property disclosure form as prescribed under | 552 |
division (D)(1) of this section does not limit or abridge, and | 553 |
shall not be construed as limiting or abridging, any obligation to | 554 |
disclose an item of information that is created by any other | 555 |
provision of the Revised Code or the common law of this state or | 556 |
that may exist in order to preclude fraud, either by | 557 |
misrepresentation, concealment, or nondisclosure in a transaction | 558 |
involving the transfer of residential real property. The | 559 |
disclosure requirements of this section do not bar, and shall not | 560 |
be construed as barring, the application of any legal or equitable | 561 |
defense that a transferor of residential real property may assert | 562 |
in a civil action commenced against the transferor by a | 563 |
prospective or actual transferee of that property. | 564 |
(K)(1) Except as provided in division (K)(2) of this section, | 565 |
but subject to divisions (J) and (L) of this section, a transfer | 566 |
of residential real property that is subject to this section shall | 567 |
not be invalidated because of the failure of the transferor to | 568 |
provide to the transferee in accordance with division (C) of this | 569 |
section a completed property disclosure form as prescribed under | 570 |
division (D) of this section. | 571 |
(2) Subject to division (K)(3)(c) of this section, if a | 572 |
transferee of residential real property that is subject to this | 573 |
section receives a property disclosure form or an amendment of | 574 |
that form as described in division (G) of this section after the | 575 |
transferee has entered into a transfer agreement with respect to | 576 |
the property, the transferee, after receipt of the form or | 577 |
amendment, may rescind the transfer agreement in a written, | 578 |
signed, and dated document that is delivered to the transferor or | 579 |
the transferor's agent or subagent in accordance with divisions | 580 |
(K)(3)(a) and (b) of this section, without incurring any legal | 581 |
liability to the transferor because of the rescission, including, | 582 |
but not limited to, a civil action for specific performance of the | 583 |
transfer agreement. Upon the rescission of the transfer agreement, | 584 |
the transferee is entitled to the return of, and the transferor | 585 |
shall return, any deposits made by the transferee in connection | 586 |
with the proposed transfer of the residential real property. | 587 |
(3)(a) Subject to division (K)(3)(b) of this section, a | 588 |
rescission of a transfer agreement under division (K)(2) of this | 589 |
section only may occur if the transferee's written, signed, and | 590 |
dated document of rescission is delivered to the transferor or the | 591 |
transferor's agent or subagent within three business days | 592 |
following the date on which the transferee or the transferee's | 593 |
agent receives the property disclosure form prescribed under | 594 |
division (D) of this section or the amendment of that form as | 595 |
described in division (G) of this section. | 596 |
(d) A rescission of a transfer agreement is not permissible | 606 |
under division (K)(2) of this section if a transferee of | 607 |
residential real property that is subject to this section receives | 608 |
a property disclosure form as prescribed under division (D) of | 609 |
this section or an amendment of that form as described in division | 610 |
(G) of this section prior to the transferee's submission to the | 611 |
transferor or the transferor's agent or subagent of a transfer | 612 |
offer and the transferee's entry into a transfer agreement with | 613 |
respect to the property. | 614 |
(4) If a transferee of residential real property subject to | 615 |
this section does not receive a property disclosure form from the | 616 |
transferor after the transferee has submitted to the transferor or | 617 |
the transferor's agent or subagent a transfer offer and has | 618 |
entered into a transfer agreement with respect to the property, | 619 |
the transferee may rescind the transfer agreement in a written, | 620 |
signed, and dated document that is delivered to the transferor or | 621 |
the transferor's agent or subagent in accordance with division | 622 |
(K)(4) of this section without incurring any legal liability to | 623 |
the transferor because of the rescission, including, but not | 624 |
limited to, a civil action for specific performance of the | 625 |
transfer agreement. Upon the rescission of the transfer agreement, | 626 |
the transferee is entitled to the return of, and the transferor | 627 |
shall return, any deposits made by the transferee in connection | 628 |
with the proposed transfer of the residential real property. A | 629 |
transferee may not rescind a transfer agreement under division | 630 |
(K)(4) of this section unless the transferee rescinds the transfer | 631 |
agreement by the earlier of the date that is thirty days after the | 632 |
date upon which the transferor accepted the transferee's transfer | 633 |
offer or the date of the closing of the transfer of the | 634 |
residential real property. | 635 |
Section 3. One hundred eighty days after the Board of | 644 |
Building Standards adopts the rules establishing the requirements | 645 |
for carbon monoxide alarms and portable fire extinguishers | 646 |
pursuant to division (A)(1) of section 3781.10 of the Revised | 647 |
Code, as amended by this act, a residential building for which the | 648 |
plans or drawings, specifications, and data were approved after | 649 |
the effective date of the rule shall have installed and in | 650 |
operation carbon monoxide alarms and portable fire extinguishers | 651 |
that satisfy the standards the Board establishes. As used in this | 652 |
section, "residential building" has the same meaning as in section | 653 |
3781.06 of the Revised Code. | 654 |