Ohio Admin. Code 1301:7-7-01 - Scope and administration
(A)
Section 101
Scope and general requirements
(1)
101.1
Title.
The rules of the state fire
marshal as set forth in Chapter 1301:7-7 of the Administrative Code shall be
known as the "Ohio Fire Code" abbreviated "OFC " and hereinafter in such rule
may also be referred to as the "state fire code" or "this
code."
(2)
101.2 Scope.
This code establishes state fire marshal rules for
the administration and enforcement of authorities granted to the fire marshal
and fire code officials in Chapters 3701., 3731., 3737, 3741., 3743., 3781.,
3791 and 5104., of the Revised Code including, but not limited to,
regulations affecting or relating to structures, processes, premises
and safeguards regarding all of the following:
1.
The hazard of fire
and explosion arising from the storage, handling or use of structures,
materials or devices;
2.
Conditions hazardous to life, property or public
welfare in the occupancy of structures or premises;
3.
Fire hazards in
the structure or on the premises from occupancy or operation;
4.
Matters related to
the construction, extension, repair, alteration or removal of fire
protection systems; and 5. Conditions affecting the safety of
fire fighters and emergency responders during emergency operations.
(a)
101.2.1
Appendices.
Provisions in the appendices
of any "International Fire Code" are not adopted as part of this code.
A political subdivision with the authority to enact a local fire code may adopt
these appendices as a part of such codes.
(b)
101.2.2 Activities, locations and persons subject to the
Ohio Fire Code.
Unless
specifically exempted or as limited by federal or state law or this code, the
provisions of this code are intended to safeguard life and property from fire
and explosion and shall apply to all aspects of fire safety at any structures,
building, premises, vehicles or other locations within the territorial
jurisdiction of the State of Ohio. The scope of this code includes, but is not
limited to, property owned by the State of Ohio or other political subdivisions
of the state, all residential premises (including, but not limited to, one, two
and three family dwellings), and agricultural premises. The scope of this code
includes all aspects of fire safety for any occupancy of or any activities at
the places subject to this code, including actions of or uses by any
individual, corporation, business trust, estate, trust, partnership,
association, the state, a political subdivision of the state, and any other
entity, public or private.
(i)
101.2.2.1 Exemptions to the Ohio Fire
Code. This code does not apply to any of the
following:
1.
Property owned by the United States government in accordance
with Chapter 159. of the Revised Code.
2.
Structures
owned by and used for a function of the United States government when such
structures are designed, constructed and maintained in accordance with
appropriate federal fire safety standards.
3.
Structures
controlled by the United States government used for a non-administrative
military function of the United States government
4.
Structures
owned or controlled by the State of Ohio that are used for a military function
in accordance with 10 U.S.C. Chapter 1803.4.
5.
The
organization or structure of a municipal or township fire
department.
6.
Structural building requirements covered by the
Ohio Building Code.
7.
Agricultural labor camps, to the extent required by Section
3733.42 of the Revised Code or
rules adopted under that section.
8.
Structures
and premises subject to the exclusive jurisdiction of the power siting board as
established in the Revised Code or in administrative rules promulgated by the
power siting board, to the extent of such exclusivity.
9.
The
construction or installation of an industrialized unit regulated by the Ohio
Building Code. All occupancy, operational and maintenance provisions of this
code shall apply to all industrialized units.
10.
Structures and premises subject to the exclusive
jurisdiction of the public utilities commission of Ohio as established in the
Revised Code or in administrative rules promulgated by the public utilities
commission, to the extent of such exclusivity.
11.
The
construction and operation of a mine or other underground cavern, wells, well
pads, or derricks subject to the exclusive jurisdiction of the Ohio Department
of Natural Resources, to the extent of such
exclusivity.
(ii)
101.2.2.2 Limitations on applicability of the
Ohio Fire Code. This code shall not be construed
to:
1.
Cause an employer, in complying with it to be in violation
of the "Occupational Safety and Health Act of 1970," 84 Stat. 1590,
29
U.S.C.A. 651, or the "Consumer Product Safety
Act of 1972," 86 Stat. 1207,
15 U.S.C.A.
2051;
2.
Regulate
manufacturers or manufacturing facilities with respect to occupational hazards
where they are subject to regulation by the federal occupational safety and
health administration;
3.
Be
inconsistent with, or in conflict with, regulations of the federal occupational
safety and health administration or the hazardous materials regulations of the
hazardous materials regulations board of the federal highway administration,
United States department of transportation, or the public utilities
commission;
4.
Establish a minimum standard of flammability
for consumer goods in any area where the "Flammable Fabrics Act," 81 Stat. 568
(1967),
15
U.S.C. 1191 authorizes the federal government
or any department or agency of the federal government to establish national
standards of flammability for consumer goods;
5.
Establish
a health or safety standard for the use of explosives in mining, for which the
federal government through its authorized agency sets health or safety
standards pursuant to section 6 of the "Federal Metal and Nonmetallic Mine
Safety Act of 1966," 80 Stat. 772, 30 U.S.C. 725, or section
101 of the "Federal Coal
Mine Health and Safety Act of 1969," 83 Stat. 745,
30 U.S.C.
811.
(3)
101.3 Intent.
The purpose of this code is to establish the minimum
requirements consistent with nationally recognized good practice for providing
a reasonable level of life safety and property protection from the hazards of
fire, explosion or dangerous conditions in new and existing buildings,
structures and premises, and to provide a reasonable level of safety to
firefighters and emergency responders during emergency
operations.
(4)
101.4 Severability. If a section,
subsection, sentence, clause or phrase of this code is, for any reason, held to
be unconstitutional, such decision shall not affect the validity of the
remaining portions of this code.
(5)
101.5
Validity. In the event any part or provision of this code is held to be
illegal or void, this shall not have the effect of making void or illegal any
of the other parts or provisions hereof, which are determined to be legal; and
it shall be presumed that this code would have been adopted without such
illegal or invalid parts or provisions.
(B)
Section 102
Applicability
(1)
102.1 Construction and design provisions.
(a)
102.1.1
General applicability.
Except as otherwise
provided in paragraph (B)(1)(b) (102.1.2) of this rule, the
construction and design provisions of this code shall apply
to:
(i)
Structures, facilities and conditions arising after the
adoption of this code. This includes structures, facilities and
conditions exempt from or not otherwise subject to Chapters 3781. or 3791. of
the Revised Code.
(ii)
Existing
structures, facilities and conditions not legally in existence at the time of
adoption of this code.
(iii)
Existing structures, facilities and conditions
not in strict compliance with the requirements of this code, regardless of
whether such location is in substantial compliance with the applicable version
of the building code listed in rule
1301:7-7-80
of the Administrative Code, where the conditions constitute a distinct hazard
to life or property in the opinion of the fire code official, including
existing structures subject to rule
1301:7-7-11
of the Administrative Code. If a distinct hazard to life or property cannot be
proven by the fire official by a preponderance of the evidence, the provisions
of this code shall not apply to an existing building or condition. This
includes structures, facilities and conditions exempt from or not otherwise
subject to Chapters 3781. or 3791. of the Revised Code.
(b)
102.1.2 Agricultural uses and locations. The
construction and design provisions of this code, including any construction
permit requirements, shall not apply to structures:
(i)
Subject
to section 3781.061 of the Revised Code,
or
(ii)
Otherwise exempt from the building code as listed in rule
1301:7-7-80
of the Administrative Code because such structures are being used for
agricultural purposes as described in
division (B)(1) of section
3781.06 of the Revised
Code.
(c)
102.1.3 Non-required work. Any fire
protection system, or portion thereof not required by this code may be
installed at any location subject to this code provided that the installation
is in accordance with this code and the building code as listed in rule
1301:7-7-80
of the Administrative Code.
(2)
102.2
Administrative, operational and maintenance provisions.
The administrative, operational and maintenance provisions
of this code shall apply to:
(a)
Conditions and operations arising after the adoption of
this code.
(b)
Existing conditions and operations.
(3)
102.3 Minimum conditions of
occupancy.
(a)
102.3.1.
All structures subject to
this code may be occupied only in accordance with the provisions of the
building code as listed in rule
1301:7-7-80
of the Administrative Code and, at a minimum, the following
paragraphs:
(i)
New construction. Occupancy of a newly constructed structure
must be in compliance with paragraph
(E)(3)(c)(105.3.3) and paragraph (I)(1)(
109.1) of this rule and paragraph (A)(5)( 901.5) of
rule
1301:7-7-09
of the Administrative Code.
(ii)
Existing
structures.
(a)
Alterations. Any alterations to an existing structure shall
be done in accordance with paragraph
(B)(4)( 102.4) of this
rule.
(b)
Change of occupancy. Any changes of occupancy
to an existing structure shall be done in accordance with paragraph
(B)(3)(c)(102.3.3) of this
rule.
(c)
General occupancy. A new or existing structure
or premises may only be occupied in accordance with paragraph
(E)(3)(c)(105.3.3) and paragraph (I)(1)( 109.1)
of this rule. No existing structure or premises or part thereof that
constitutes a distinct or serious hazard to life or property or is not legally
in existence at the time of adoption of this code shall be
occupied.
(iii)
Occupancy of any structure, premise, vehicle or location
that constitutes a distinct or serious hazard to life or property is hereby
declared a public nuisance.
(b)
102.3.2
Certificate of occupancy.
A responsible person shall maintain a copy of the current
certificate of occupancy for a structure regulated by the building code in
accordance with rule
1301:7-7-80
of the Administrative Code and make it available to the fire code official upon
request. This paragraph only applies to a certificate of occupancy in existence
as of the effective date of this rule issued by a building official and/or a
certificate of occupancy issued by a building official after the effective date
of this rule.
(c)
102.3.3 Change of use or occupancy.
Changes shall not be made in the use or
occupancy of any structure that would place the structure in a different
division of the same group or occupancy or in a different group of occupancies,
unless such structure is made to comply with the requirements of this code and
the building code as listed in rule
1301:7-7-80
of the Administrative Code. Subject to the approval of the fire code
official, the use or occupancy of an existing structure shall be allowed to be
changed and the structure is allowed to be occupied for purposes in other
groups without conforming to all the requirements of this code and the
building code as listed in rule
1301:7-7-80
of the Administrative Code for those groups, provided the new or
proposed use is less hazardous, based on life and fire risk, than the existing
use.
(d)
102.3.4 Limited building code occupancy approvals.
Except as described in this paragraph,
partial occupancy approvals issued under section 111.1.1.3 of the building code
as listed in rule
1301:7-7-80
of the Administrative Code, time limited occupancy approvals issued under
section 111.1.1.4 of the building code as listed in rule
1301:7-7-80
of the Administrative Code, temporary occupancy approvals issued under sections
102.8 and 111.1.1.5 of the building code as listed in rule
1301:7-7-80
of the Administrative Code, certificates of completion for alterations and
repairs issued under section 111.1.2 of the building code as listed in rule
1301:7-7-80
of the Administrative Code and variances to the building code as listed in rule
1301:7-7-80 of the Administrative Code issued by the state board of building
appeals pursuant to section
3781.19 of the Revised Code
shall be considered, to the extent of the approval or deviation from the
building code issued by such officials, as conditions compliant with the
construction and design provisions of this code. All maintenance and
operational provisions of this code shall apply to such
occupancies.
(4)
102.4 Application of building code.
The planning, design and
construction of new buildings and structures to provide the necessary egress
facilities, fire protection, and built-in fire protection equipment shall be
controlled by the building code of the jurisdiction; and any alterations,
additions or changes of occupancy in buildings required by the provisions of
this code which are within the scope of the building code shall be made in
accordance therewith.
(5)
102.5
Application of residential code of Ohio.
Where structures are designed and constructed in accordance
with the residential code of Ohio as listed in rule
1301:7-7-80
of the Administrative Code, the provisions of this code shall apply as
follows:
(a)
Construction and design provisions: To the extent
consistent with Chapter 3781. of the Revised Code, the provisions of
this code pertaining to the exterior of the structure shall apply including,
but not limited to, premises identification, fire apparatus access and water
supplies. Where interior or exterior systems or devices are installed
and such systems are not subject to the residential code of Ohio as
listed in rule
1301:7-7-80
of the Administrative Code, the provisions for plan review and
construction permits required by this code shall also
apply.
(b)
Administrative, operational and maintenance provisions
of this code shall apply.
(6)
102.6
Historic buildings.
The provisions of this
code relating to the construction, alteration, repair, enlargement,
restoration, relocation or moving of buildings or structures shall not be
mandatory for existing buildings or structures identified and classified by the
state or local jurisdiction as historic buildings where such buildings or
structures do not constitute a distinct hazard to life or property. Fire
protection in designated historic buildings shall be provided in accordance
with an approved fire protection plan as required in paragraph
(C)(1)(a)(1103.1.1) of rule
1301:7-7-11
of the Administrative Code.
(7)
102.7
Referenced codes and standards.
The codes
and standards referenced in this code shall be those that are listed in
rule
1301:7-7-80
of the Administrative Code and such codes and standards shall be
incorporated by reference into and considered to be part of
the requirements of this code to the prescribed extent of each such reference
and as further regulated in paragraphs (B)(7)(a)(102.7.1) and
(B)(7)(b)(102.7.2) of this rule.
(a)
102.7.1
Conflicts.
Where conflicts occur between
provisions of this code and referenced codes and standards, the provisions of
this code shall apply unless otherwise provided in section
3781.11 of the Revised
Code.
(b)
102.7.2 Provisions in referenced codes and standards.
Where the extent of the reference to a
referenced code or standard includes subject matter that is within the scope of
this code, the provisions of this code, as applicable, shall take precedence
over the provisions in the referenced code or standard.
(c)
102.7.3 To the extent
such rules relate to fire safety, the rules adopted by the state fire marshal
in accordance with Chapter 3701., including section
3701.82, Chapter 3721.,
including section 3721.032, Chapter 3731.,
including section 3731.02, Chapter 3737.,
including sections 3737.173737.65 and
3737.73, Chapter 3743.,
including sections 3743.02,
3743.03,
3743.04,
3743.05,
3743.06,
3743.15,
3743.17,
3743.18,
3743.53,
3743.56,
3743.58 and
3743.70 and Chapter 5104.,
including section 5104.5 of the Revised Code, shall be incorporated by
reference and considered part of this code.
(d)
102.7.4 Unless already
addressed in and to the extent that such provisions do not conflict with the
Revised Code or the rules listed in paragraph (B)(7)(a)(102.7.1) of this rule,
the provisions of paragraphs (A)(101), (B)(102), (D)(104), (E)(105), (F)(106),
(G)(107), (I)(109), (J)(110), (K)(111), (L)(112), (Q)(117) and (V)(122) of this
rule apply to the rules adopted by the state fire marshal in accordance with
Chapter 3701., including section
3701.82, Chapter 3721.,
including section 3721.032, Chapter 3731.,
including section 3731.02, Chapter 3737.,
including sections 3737.173737.65 and
3737.73, Chapter 3743.,
including sections 3743.02,
3743.03,
3743.04,
3743.05,
3743.06,
3743.15,
3743.17,
3743.18,
3743.53,
3743.56,
3743.58 and
3743.70 and Chapter 5104.,
including section 5104.5 of the Revised Code.
(e)
102.7.5 To the extent
not in conflict with the Revised Code, the applicable provisions of the "Ohio
Fire Code" apply to and may be enforced against all persons, locations, things,
structures, and activities regulated by Chapter 3701., including section
3701.82, Chapter 3721.,
including section 3721.032, Chapter 3731.,
including section 3731.02, Chapter 3737.,
including sections 3737.17,
3737.65 and
3737.73, Chapter 3743.,
including sections 3743.02,
3743.03,
3743.04,
3743.05,
3743.06,
3743.15,
3743.17,
3743.18,
3743.53,
3743.56,
3743.58 and
3743.70 and Chapter 5104.,
including section 5104.5 of the Revised Code.
(f)
102.7.6 Enforcement of
rules adopted by the state fire marshal in accordance with Chapter 3701.,
including section 3701.82, Chapter 3721.,
including section 3721.032, Chapter 3731.,
including section 3731.02, Chapter 3737.,
including sections 3737.173737.65 and
3737.73, Chapter 3743.,
including sections 3743.02,
3743.03,
3743.04,
3743.05,
3743.06,
3743.15,
3743.17,
3743.18,
3743.53,
3743.56,
3743.58 and
3743.70 and Chapter 5104.,
including section 5104.5 of the Revised Code shall be as provided in those
Revised Code sections or such rules. In addition to such rules, any applicable
provisions of the "Ohio Fire Code" may be used as a basis for such enforcement
actions.
(8)
102.8Harmonizing provisions.
Where there is a conflict between a
general requirement and a specific requirement of this code or its
referenced standards, the specific requirement shall be applicable.
A conflict occurs when both the general and specific requirements
cannot be satisfied at the same time for the regulated matter. Where,
in a specific case, different paragraphs of this code or its
referenced standards specify different materials, methods of construction or
other requirements, the most restrictive provision that provides the
highest degree of safety shall govern. If there is a conflict
between a requirement of this code and a referenced standard, the provisions of
this code shall govern unless otherwise provided in section
3781.11 of the Revised
Code.
(9)
102.9 Other laws.
The
provisions of this code shall not be deemed to nullify any provisions of local,
state or federal law.
(10)
102.10 Application of
references.
References to rule
or paragraph numbers, or to provisions not
specifically identified by number, shall be construed to refer to such
rule, paragraph or provision of this code.
(11)
102.11 Underground storage tanks regulated by Chapter
1301:7-9 of the Administrative Code.
Underground storage tank systems subject to regulation by
Chapter 1301:7-9 of the Administrative Code shall comply with the applicable
regulations contained therein and the provisions of this code. If the
provisions of this code address similar requirements or are in conflict with
the requirements of Chapter 1301:7-9 of the Administrative Code, then the
provisions of Chapter 1301:7-9 of the Administrative Code shall apply.
Underground storage tank systems not subject to regulation by Chapter 1301:7-9
of the Administrative Code that are determined by the fire code official to
comply with the installation, abandonment or removal requirements as set forth
in Chapter 1301:7-9 of the Administrative Code are deemed in compliance with
the applicable provisions of paragraph (D)(2)(k)(5704.2.11),
(D)(2)(m)(5704.2.13) or (D)(2)(n)(5704.2.14) of rule
1301:7-7-57
of the Administrative Code. Such tanks are subject to all other applicable
provisions of this code.
(C)
Section 103
State and political subdivision (local) fire
codes
(1)
103.1 Fire code(s) within a political subdivision.
Consistent with this paragraph, a
political subdivision may, but is not required to, adopt and enforce a local
fire code in accordance with the provisions of Ohio law. If a political
subdivision adopts a local fire code, that local fire code constitutes an
additional set of fire safety regulations in the applicable jurisdiction. A
local fire code shall not and does not modify, repeal, invalidate or otherwise
nullify any provisions of this code or any authorities reserved for the state
fire marshal under this code. Such local fire codes shall not be called the
"Ohio Fire Code" even if such codes contain the same or similar substantive
rules as this code. Regardless of whether a political subdivision adopts a
local fire code, this code remains in effect and is enforceable at all
locations in the state in accordance with the applicable provisions of the
Revised Code and this code.
(2)
103.2 The state fire code is a minimum statewide standard.
This code shall constitute the minimum
standards for safeguarding life and property from fire and explosion in this
state. No political subdivision with the statutory authority to promulgate a
local fire code may enact a local fire code, or parts thereof or authorize a
variance or waiver to such local fire code by any means, that provide a lower
threshold of such safeguards or violate accepted engineering practice involving
public safety. Only the State Fire Marshal, in accordance with paragraph
(D)(4)( 104.8) of this rule or the state board of building appeals pursuant to
section 3781.19 of the Revised Code may
authorize a variance to any provisions of this code. Consistent with this
paragraph, a political subdivision may promulgate fire code provisions that
meet or exceed the minimum safety requirements as set forth in this
code.
(3)
103.3 Liability.
All liability related to the application or enforcement
of this code by the state or a political subdivision shall be determined in
accordance with all applicable laws, immunities and defenses, including
Chapters 2743. and 2744. of the Revised Code and sections
9.85,
9.86,
9.87,
2743.02 and
2744.03 of the Revised
Code.
(4)
103.4 Certified fire safety inspectors.
The actions of certified fire safety inspectors are
subject to the applicable portions of the Ohio Revised Code, including sections
3737.01(D),
3737.34,
3737.43(C) and
3737.64 of the Revised
Code.
(5)
103.5 Fire prevention officers.
For the purposes of section
505.38(B) or
737.22(A) of
the Revised Code, a fire prevention officer shall be appointed to provide
services to any unincorporated area of a township not served by that township's
fire department as such a department was created pursuant to sections
505.37 and
505.38(A) of
the Revised Code or to a village established under title 7 of the Revised Code
that has not organized a fire department.
(D)
Section 104
General authority and responsibilities
(1)
104.1
General. The fire code official is hereby authorized to enforce the
provisions of this code and to the extent the state fire marshal has
not rendered an interpretation or issued a "Technical Bulletin" regarding a
particular topic, the fire code official shall have the authority to
render interpretations of this code, and to adopt policies, procedures, rules
and regulations in order to clarify the application of its provisions. Such
interpretations, policies, procedures, rules and regulations shall be in
compliance with the intent and purpose of this code and shall not have the
effect of waiving requirements specifically provided for in this code.
To the extent the state fire marshal has rendered an interpretation or
issued a "Technical Bulletin" regarding the provisions of this code, such
interpretation shall be definitive throughout the state and in the discretion
of the state fire marshal shall supersede all prior interpretations that may
have been rendered by any other fire code official. No other fire code official
shall render an interpretation in conflict with the state fire marshal's
interpretation or technical bulletin or enforce provisions of this code in a
manner in conflict with the interpretation or technical bulletin rendered by
the state fire marshal.
(a)
104.1.1. The
state fire marshal or fire chief of municipal corporations having fire
departments or the fire chief of townships having fire departments shall
enforce all provisions of Chapters 3781. and 3791. of the Revised Code, and any
rules promulgated pursuant to those chapters, relating to fire
prevention.
(2)
104.2
Applications and permits. The fire code official is authorized to
receive applications, review construction documents and issue permits for
construction regulated by this code, issue permits for operations regulated by
this code, inspect the premises for which such permits have been issued and
enforce compliance with the provisions of this code.
(a)
104.2.1 Plan review for fire protection systems in
structures regulated by the building code as listed in rule
1301:7-7-80
of the Administrative Code.
For the purposes of this paragraph, a fire code official is
authorized to conduct plan review of fire protection systems in structures
regulated by the building code as listed in rule
1301:7-7-80
of the Administrative Code in accordance with section 106.1.2 of that code and
the provisions of this paragraph. The fire code official is authorized
to:
(i)
104.2.1.1 Receive
and review fire protection system and associated fire safety feature related
construction documents when notice is provided to the building code official in
accordance with section 106.1.2 of the building code as listed in rule
1301:7-7-80
of the Administrative Code.
(ii)
104.2.1.2 Provide to
the building official written findings of the reviewed construction documents
for compliance with the provisions of this code. For each element of the
reviewed construction document that does not meet the requirements of this
code, the fire code official shall, in that official's written findings,
provide a specific reference to the relevant sections of this code that have
not been fully satisfied. The fire code official shall provide the written
findings to the building code official within a time frame appropriate for
compliance with the building official's statutory
requirements.
(iii)
104.2.1.3 As
necessary to complete the plan review process, inspect the premises described
in the construction documents.
(b)
104.2.2
Except as noted
in this paragraph, construction of a structure subject to this paragraph must
be in compliance with the provisions of this code.
(i)
104.2.2.1
Prior to the issuance of a certificate of occupancy or other
occupancy approval by a building code official, it is not a violation of this
code for construction regulated by this code and the building code as listed in
rule
1301:7-7-80
of the Administrative Code, or subject to a variance issued by the state board
of building appeals pursuant to section
3781.19 of the Revised Code, to
occur in a manner or result in a condition contrary to the construction and
design provisions of this code unless the state fire marshal first issues a
written finding verifying that such construction and design provisions have
been violated. If the state fire marshal issues such a finding, the fire code
official is authorized to issue a citation and order pursuant to section
3737.42 of the Revised Code
requiring compliance with the applicable construction and design provisions of
this code. As applicable, such orders may be concurrently appealed to the state
board of building appeals pursuant to section
3781.19 of the Revised Code with
any adjudication orders issued by the building code
official.
(ii)
104.2.2.2
Notwithstanding any other provision of this paragraph
or rule
1301:7-7-11
of the Administrative Code, the minimum conditions of safe occupancy as
specified in this code, including paragraphs (B)(3)(a)(102.3.1) and
(E)(3)(c)(iii)(105.3.3.3) of this rule, shall always apply to all structures,
buildings, premises, conditions and activities subject to paragraph (A)(2)(
101.2) of this rule.
(3)
104.3 Right
of entry.
In accordance with
section 3737.14 of the Revised Code and
constitutional provisions governing searches, the
fire code official, and other officials or their
designees as described in section
3737.14 of the Revised Code,
shall have the authority to enter all buildings or vehicles or
upon all premises, as such locations are described in
paragraph (A)(2)(b)(101.2.2) of this rule and which are within that official's
jurisdiction, at all reasonable hours to
conduct an examination, inspect or investigate
or to perform the duties imposed upon the official by this code. If
such building or premises is occupied, the official shall present credentials
to the occupant and request entry. If such building or premises is unoccupied,
the official shall first make a reasonable effort to locate the owner, the
owner's authorized agent or other person having charge or control of the
building or premises and request entry. If entry is refused, the fire code
official has recourse to every remedy provided by law to secure entry,
including obtaining a warrant in accordance with division (F) of section
2933.21 of the Revised
Code.
(a)
104.3.1 Warrant. Where the fire code
official has first obtained a proper inspection warrant or other remedy
provided by law to secure entry, an owner, the owner's authorized agent or
occupant or person having charge, care or control of the building or premises
shall not fail or neglect, after proper request is made as herein provided, to
permit entry therein by the fire code official for the purpose of inspection
and examination pursuant to this code.
(4)
104.4
Identification.
The fire code official
shall carry proper identification when inspecting structures or premises in the
performance of duties under this code.
(5)
104.5
Notices and orders.
The fire code official
is authorized to issue such notices or orders as are required to affect
compliance with this code in accordance with paragraphs
(I)(1)( 109.1) and (I)(2)( 109.2) of this
rule.
(6)
104.6 Official records.
The fire code official shall keep official records as
required by paragraphs (D)(6)(a)(104.6.1) to
(D)(6)(d)(104.6.4) of this rule. Such official
records shall be retained in accordance with the provisions of Chapter
149. of the Revised Code.
(a)
104.6.1 Approvals.
A record of approvals shall be maintained by the fire code
official and shall be available for public inspection during business hours in
accordance with applicable laws.
(b)
104.6.2
Inspections.
The fire code official shall
keep a record of each inspection made, including notices and orders issued,
showing the findings and disposition of each.
(c)
104.6.3
Fire records.
All
fire departments shall keep a record of
fires occurring within their jurisdiction of
organization, and of facts concerning the same, including statistics
as to the extent of such fires and the damage caused thereby, together with
other information as required by the state fire marshal. If a township
or village does not have an organized fire department under its own authority
or it does not exist concurrently with a municipality that has established its
own fire department within its jurisdiction, then, regardless of whether it
contracts for fire protection services, the fire prevention officer of such
townships or villages shall ensure that the reporting functions of this
paragraph are complied with.
(i)
104.6.3.1 Fire reports. The fire
department described in paragraph (D)(6)(c)(104.6.3) of this
rule, the political subdivision served by such fire departments described in
paragraph (D)(6)(c)(104.6.3) of this rule or the fire
prevention officer described in paragraph (D)(6)(c)(104.6.3) of this rule shall
report fire incidents required by sections
3737.23 and
3737.24 of the Revised Code
using coding information and procedures prescribed by the "United States Fire
Administration" in the "National Fire Incident Reporting System (NFIRS)" and
shall send to the state fire marshal these reports in a manner approved by the
state fire marshal. The reports shall include the "Incident Report," the
"Civilian Casualty Report," and the "Fire Service Casualty Report." Electronic
reporting of fire incidents to the state fire marshal must be in a format
approved by both the "United States Fire Administration" and the state fire
marshal as being compatible with the current version of the "National Fire
Incident Reporting System." Any electronic reporting also must be in a format
that is specifically compatible with the software used by the state fire
marshal to process such reports and
transmitted in a format that has been approved by the state
fire marshal.
All reports required under
this paragraph shall be submitted to the state fire marshal within thirty-one
days of the incident referenced in the report.
(d)
104.6.4
Administrative.
As applicable,
the final decision of the fire code
official shall be in writing and shall be officially recorded in the permanent
records of the fire code official.
(7)
104.7
Approved materials and equipment.
Materials, equipment, devices and methods of
construction within the scope of the building code as listed in rule
1301:7-7-80
of the Administrative Code shall be approved in accordance
with the provisions of the building code as listed in rule
1301:7-7-80
of the Administrative Code. Other materials, equipment and devices not within
the scope of the building code as listed in rule 1301:7-7-80 of the
Administrative Code that are approved by the fire code official shall be
constructed and installed in accordance with such approval. The fire code
official's approval of materials, equipment and devices shall be consistent
with the listing and labeling or authenticated research reports from
authoritative sources as set forth in paragraph (O)(115) of this rule for such
materials, equipment and devices.
(a)
104.7.1
Material and equipment reuse.
Materials,
equipment and devices shall not be reused or reinstalled unless such elements
have been reconditioned, tested and placed in good and proper working condition
and approved.
(b)
104.7.2 Technical assistance.
To determine the acceptability of technologies, processes,
products, facilities, materials and uses attending the design, operation or use
of a building or premises subject to inspection by the fire code official, the
fire code official is authorized to require the owner or owner's authorized
agent to provide, without charge to the jurisdiction, a technical opinion and
report. The opinion and report shall be prepared by a qualified engineer,
specialist, laboratory or fire safety specialty organization acceptable to the
fire code official and shall analyze the fire safety properties of the design,
operation or use of the building or premises and the facilities and
appurtenances situated thereon, to recommend necessary changes.
(8)
104.8 Variances (modifications) by state fire
marshal. Whenever there are practical difficulties
involved in carrying out the provisions of the state fire code, the state fire
marshal, in the state fire marshal's discretion, may modify any provision of
the state fire code or any other administrative rule promulgated by the state
fire marshal by issuing a variance upon written application by an affected
party and upon demonstration by that party of both of the
following:
1.
That the variance will not threaten the public health,
safety or welfare; and
2.
That the
party will provide measures to protect the public health, safety and welfare
that are substantially equivalent to the measures otherwise required under the
state fire code or other applicable laws, rules and regulations.
(a)
104.8.1
A request for variance submitted pursuant to this rule shall
only be considered upon production of any information or documentation
requested by the state fire marshal. The particulars of such variance when
granted shall be in writing, entered upon the records of the state fire marshal
and furnished to the applicant and the authority having jurisdiction, if said
authority is other than the state fire marshal.
(b)
104.8.2
Unless otherwise stipulated by the state fire marshal upon
the granting of a variance, each variance granted pursuant to this paragraph
shall automatically terminate one year from the date of its
issuance.
(c)
104.8.3
There shall be no
automatic renewals of any variance granted pursuant to this paragraph. Each
variance shall be specifically applied for in writing by the requesting party
and independently considered by the state fire
marshal.
(d)
104.8.4
Variances issued by the
state board of building appeals to this code shall be in accordance with
section 3781.19 of the Revised Code and
shall only apply to citations and orders issued under sections
3737.41 and
3737.42 of the Revised
Code.
(9)
104.9
Alternative materials and methods.
The
provisions of this code are not intended to prevent the installation of any
material or to prohibit any method of construction not specifically prescribed
by this code, provided that any such alternative has been approved. The fire
code official is authorized to approve an alternative material or method of
construction where the fire code official finds that the proposed design is
satisfactory and complies with the intent of the provisions of this code, and
that the material, method or work offered is, for the purpose intended, at
least the equivalent of that prescribed in this code in quality, strength,
effectiveness, fire resistance, durability and safety. Where the alternative
material, design or method of construction is not approved, the fire code
official shall respond in writing, stating the reasons why the alternative was
not approved. For the installation of any material or the use of any
method of construction that is subject to the building code as listed in rule
1301:7-7-80
of the Administrative Code, any approval of an alternative method or material
must be done in accordance with that code.
(a)
104.9.1
Research reports.
Supporting data, where
necessary to assist in the approval of materials or assemblies not specifically
provided for in this code, shall consist of valid research reports from
approved sources.
(b)
104.9.2 Tests.
Where there is insufficient evidence of compliance with the
provisions of this code, or evidence that a material or method does not conform
to the requirements of this code, or in order to substantiate claims for
alternative materials or methods, the fire code official shall have the
authority to require tests as evidence of compliance to be made at no expense
to the jurisdiction. Test methods shall be as specified in this code or by
other recognized test standards. In the absence of recognized and accepted test
methods, the fire code official shall approve the testing procedures. Tests
shall be performed by an approved agency. Reports of such tests shall be
retained by the fire code official for the period required for retention of
public records.
(10)
104.10
Fire investigations.
The state
fire marshal, or an assistant state fire marshal as designated by the state
fire marshal, and the chief of the fire department of each municipal
corporation in which a fire department is established, the chief of the fire
department in each township in which a fire department is established, the
chief of the fire department of a joint fire district, or the fire prevention
officer in each township or village where no fire department is established in
accordance with Section
3737.24 of the Revised Code and
other Revised Code sections applicable to the investigating agency shall have
the authority to investigate the
cause,
origin and circumstances of any major fire or
explosion. For the purposes of section
149.43 of the Revised Code, such
investigations shall be considered law enforcement matters of a criminal,
quasi-criminal, civil, or administrative nature. For the purposes of section
3929.87 of the Revised Code, an
investigation that has not made a final finding, but has made findings as to
the origin and cause of a fire in accordance with accepted fire investigation
practices qualifies as a determination under that statute.
(a)
104.10.1 Assistance from other
agencies. Police and other enforcement agencies shall have authority to
render necessary assistance in the investigation of fires when requested to do
so in accordance with the laws of this state.
(b)
104.10.2 Major fire definition.
For the purposes of
section 3737.24 of the Revised Code, a
"major fire or explosion" means:
(i)
A fire
or explosion that caused or had a substantial risk of causing death or serious
physical harm to any person.
(ii)
A fire
or explosion that caused damage to or the destruction of any occupancy,
property or vehicle and the estimated or actual loss associated with such fire
or explosion exceeds $500,000 in value.
(iii)
A fire
or explosion that caused damage to or the destruction of any occupancy,
property or vehicle that is owned, leased or directly controlled by the United
States of America, the State of Ohio or any political subdivision of the State,
including schools and other educational institutions;
(iv)
A fire
or explosion that any political subdivision Fire Chief determines, in that
Chief's discretion, to be a significant fire within that Chief's
jurisdiction.
(v)
Any fire or explosion so designated by the
state fire marshal as a major fire or explosion.
(c)
104.10.3
Major fire notifications to state fire marshal.
Political subdivision
fire departments, including such departments and private fire companies
providing services to another jurisdiction that does not have a fire
department, must immediately report to the state fire marshal any fire or
explosion occurring within its jurisdiction or response area that caused or had
a substantial risk of causing death or serious physical harm to any
person(s).
(d)
104.10.4.
As used in this section,
the phrases "substantial risk" and "serious physical harm" have the same
meaning as the definitions of such phrases in sections 2901.01(A)(6) and (A)(8)
of the Revised Code.
(11)
104.11
Authority at fires and other emergencies. The fire chief or officer of
the fire department in charge at the scene of a fire or other emergency
involving the protection of life or property, or any part thereof, shall have
the authority to direct such operation as necessary to extinguish or control
any fire, perform any rescue operation, investigate the existence of suspected
or reported fires, gas leaks or other hazardous conditions or situations, or
take any other action necessary in the reasonable performance of duty. In the
exercise of such power, the fire chief is authorized to prohibit any person,
vehicle, vessel or thing from approaching the scene and is authorized to
remove, or cause to be removed or kept away from the scene, any vehicle, vessel
or thing that could impede or interfere with the operations of the fire
department and, in the judgment of the fire chief, any person not actually and
usefully employed in the extinguishing of such fire or in the preservation of
property in the vicinity thereof.
(a)
104.11.1 Barricades.
The fire chief or officer of the fire department in charge
at the scene of an emergency is authorized to place ropes, guards, barricades
or other obstructions across any street, alley, place or private property in
the vicinity of such operation so as to prevent accidents or interference with
the lawful efforts of the fire department to manage and control the situation
and to handle fire apparatus.
(b)
104.11.2
Obstructing operations.
Persons shall not
obstruct the operations of the fire department in connection with
extinguishment or control of any fire, or actions relative to other
emergencies, or disobey any lawful command of the fire chief or officer of the
fire department in charge of the emergency, or any part thereof, or any lawful
order of a police officer assisting the fire department.
(c)
104.11.3
Systems and devices.
Persons shall not
render a system or device inoperative during an emergency unless by direction
of the fire chief or fire department official in charge of the
incident.
(d)
104.11.4 Evacuation.
The fire department
official in charge of an actual emergency response incident, as determined by
such official, shall be authorized to order the immediate evacuation of any
occupied building or premise deemed unsafe when such location has hazardous
conditions that present life threatening danger to building or premise
occupants. Persons so notified shall immediately leave the structure or
premises and shall not enter or re-enter until authorized to do so by the fire
department official in charge of the incident. For the purposes of this code,
an emergency response incident involving an actual first responder services or
ongoing fires, explosions or other hazardous events are, due to the actual
occurrence of an emergency, distinguishable from events referenced in section
3737.44 of the Revised
Code.
(E)
Section 105
Permits
(1)
105.1 General. Permits shall be in
accordance with paragraphs (E)(1)(a)(105.1.1) to
(E)(7)(r)(105.7.18) of this rule.
(a)
105.1.1
Permits required. A property owner or owner's authorized agent who
intends to conduct an operation or business, or install or modify systems and
equipment that are regulated by this code, or to cause any such work to be
performed, shall first make application to the fire code official and obtain
the required permit.
(i)
105.1.1.1 Mandatory permits.
The following installations or operations require a
permit. Such permits shall be obtained from the fire code official as
follows:
(a)
105.1.1.1.1 Explosives.
A permit is required for the manufacture, processing or
storage of explosives and explosive materials. In addition to any discretionary
permits for explosives required by the local fire code official, permits for
explosives storage and explosive material storage shall be obtained from the
state fire marshal.
1.
Fireworks
exhibition storage pursuant to paragraph
(J)(5610) of rule
1301:7-7-56
of the Administrative Code.
2.
A
manufacturer or wholesaler of fireworks that has paid an original or a renewal
application fee in accordance with paragraph
(Q)(1)( 5617.1) of rule
1301:7-7-56
of the Administrative Code.
(b)
105. 1.1. 1.2 Flammable and combustible liquid tanks.
A permit is required to install, alter,
place temporarily out of service, remove, abandon or otherwise dispose of a
flammable or combustible liquid tank or any line or dispensing device connected
thereto. Permits to install, alter, remove, abandon or otherwise dispose of a
flammable or combustible liquid tank or any line or dispensing device connected
thereto shall be obtained from the state fire marshal when such permits are not
issued by the local fire code official.
1.
No permit
shall be required to install, alter, place temporarily out of service, remove,
abandon or otherwise dispose of a listed, lockable engine mounted tank that is
connected to stationary pieces of equipment if all of the following
apply:
1.1.
The tank has a capacity of 500 gallons or less;
and
1.2.
The equipment remains locked at all times
unless the equipment is being serviced or the tank is being filled;
and
1.3.
All other provisions of this code, including
other security provisions such as vehicle protection, are complied
with.
2.
No permit shall be required to install, alter,
place temporarily out of service, remove, abandon or otherwise dispose of a
stationary flammable or combustible liquid storage tank with a capacity of
1,100 gallons or less utilized for residential heating oil or agricultural
purposes.
3.
No permit shall be required for a stationary
flammable or combustible liquid storage tank utilized at a construction site
for a period of less than 90 days.
(c)
105.1.1.1.3 Exhibition of fireworks.
A permit is required for the temporary storage and
exhibition of fireworks as set forth in Revised Code Chapter 3743. and rule
1301:7-7-56
of the Administrative Code. Permits required for the temporary storage and
exhibition of fireworks shall be obtained from the local fire code official in
accordance with the provisions of the Revised Code and rule 1301:7-7-56 of the
Administrative Code.
(d)
105.1.1.1.4 Ammonium nitrate.
A permit is required for the storage, use, manufacture,
processing or handling of ammonium nitrate in either solid form or prill form
for any facility that will at any time have an aggregate quantity of ammonium
nitrate on-site in an amount in excess of 5,000 pounds. In addition to any
discretionary permit required by the local fire code official, an annual
operational permit shall be obtained from the state fire marshal for the
storage, use, manufacture, processing or handling of ammonium nitrate under
this paragraph.
1.
This
requirement for an annual operational permit from the state fire marshal shall
not apply to ammonium nitrate within the state of Ohio that is subject to a
permit under paragraph
(E)(1)(a)(i)(a)(105.1.1.1.1) of this
code.
2.
This requirement for an annual operational permit from
the state fire marshal shall not apply to ammonium nitrate that is otherwise
regulated by DOTn.
(ii)
105.1.1.2 Discretionary permits.
The local fire code official is authorized, but not
required, to establish a permit program and issue a permit for the hazardous
activities set forth in paragraphs (E)(6)( 105.6) and
(E)(7)( 105.7) of this rule. Regardless of whether or not the
local fire code official has established a permit program to issue permits for
the hazardous activities set forth in paragraphs (E)(6)( 105.6)
and (E)(7)( 105.7) of this rule, all other provisions
of this code shall remain in full force and effect.
(iii)
105.1.1.3 Notification of hazardous
activities. When a permit is not required to engage in
any hazardous activity set forth in this rule, the person intending to engage
in the hazardous activity shall first notify the local fire code official of
that person's intent to engage in that hazardous activity.
(b)
105.1.2 Types of permits.
(i)
Operational
permit. An operational permit allows the applicant to conduct an operation or a
business for which a permit is to be issued for either:
(a)
A prescribed
period.
(b)
Until renewed or revoked.
(ii)
Construction
permit. A construction permit allows the applicant to install or modify systems
and equipment for which a permit is to be
issued.
(c)
105.1.3
Multiple permits for the same location.
Where more than one permit is required for the same
location, the fire code official is authorized to consolidate such permits into
a single permit provided that each provision is listed in the
permit.
(d)
105.1.4 Emergency repairs.
Where equipment replacement and repairs must be performed in
an emergency situation, the permit application shall be submitted within the
next working business day to the fire code official.
(e)
105.1.5
Repairs.
Application or notice to the fire
code official is not required for ordinary repairs to structures, equipment or
systems. Such repairs shall not include the cutting away of any wall, partition
or portion thereof, the removal or change of any required means of egress, or
rearrangement of parts of a structure affecting the egress requirements; nor
shall any repairs include addition to, alteration of, replacement or relocation
of any standpipe, fire protection water supply, automatic sprinkler system,
fire alarm system or other work affecting fire protection or life
safety.
(f)
105.1.6 Annual permit.
Instead of an individual construction permit for each
alteration to an already approved system or equipment installation, the fire
code official is authorized to issue an annual permit upon application therefor
to any person, firm or corporation regularly employing one or more qualified
tradespersons in the building, structure or on the premises owned or operated
by the applicant for the permit.
(i)
105.1.6.1 Annual permit records. The
person to whom an annual permit is issued shall keep a detailed record of
alterations made under such annual permit. The fire code official shall have
access to such records at all times or such records shall be filed with the
fire code official as designated.
(2)
105.2
Application.
Application for a permit
required by this code shall be made to the fire code official in such form and
detail as prescribed by the fire code official. Applications for permits shall
be accompanied by such plans as prescribed by the fire code official.
The requirement for plan review for fire protection systems in
structures regulated by the building code as listed in rule
1301:7-7-80
of the Administrative Code submitted for plan review in accordance with this
paragraph is subject to and does not supersede or otherwise conflict with the
requirements of paragraph (D)(2)(a)(104.2.1) of this rule.
(a)
105.2.1
Refusal to issue permit.
If the
application for a permit describes a use that does not conform to the
requirements of this code and other pertinent laws and ordinances, the fire
code official shall not issue a permit, but shall return the application to the
applicant with the refusal to issue such permit. Such refusal shall, where
requested, be in writing and shall contain the reasons for
refusal.
(b)
105.2.2
Inspection authorized.
Before a new
operational permit is approved, the fire code official is authorized to inspect
the receptacles, vehicles, buildings, devices, premises, storage spaces or
areas to be used to determine compliance with this code or any operational
constraints required.
(c)
105.2.3 Time limitation of application.
An application for a permit for any
proposed work or operation shall be deemed to have been abandoned 180 days
after the date of filing, unless such application has been diligently
prosecuted or a permit shall have been issued; except that the fire code
official is authorized to grant one or more extensions of time for additional
periods not exceeding 90 days each. The extension shall be requested in writing
and justifiable cause demonstrated.
(d)
105.2.4
Action on application.
The fire code
official shall examine or cause to be examined applications for permits and
amendments thereto within a reasonable time after filing. If the application or
the construction documents do not conform to the requirements of pertinent
laws, the fire code official shall reject such application in writing, stating
the reasons therefore. If the fire code official is satisfied that the proposed
work or operation conforms to the requirements of this code and laws and
ordinances applicable thereto, the fire code official shall issue a permit
therefore as soon as practicable.
(3)
105.3
Conditions of a permit.
A permit shall
constitute permission to maintain, store or handle materials; or to conduct
processes that produce conditions hazardous to life or property; or to install
equipment utilized in connection with such activities; or to install or modify
any fire protection system or equipment or any other construction, equipment
installation or modification in accordance with the provisions of this code
where a permit is issued. When issued, such permission shall
not be construed as authority to violate, cancel or set aside any of the
provisions of this code or other applicable regulations or laws of the
jurisdiction.
(a)
105.3.1
Expiration.
An operational permit,
when issued, shall remain in effect until reissued, renewed,
or revoked or for such a period of time as specified in the permit.
Construction permits, when issued, shall automatically become
invalid unless the work authorized by such permit is commenced within 180 days
after its issuance, or if the work authorized by such permit is suspended or
abandoned for a period of 180 days after the time the work is commenced. Before
such work recommences, a new permit shall be first obtained and the fee to
recommence work, if any, shall be one-half the amount required for a new
permit, when issued, for such work, provided that changes have
not been made and will not be made in the original construction documents for
such work, and provided further that such suspension or abandonment has not
exceeded one year. When issued, permits are not transferable
and any change in occupancy, operation, tenancy or ownership shall require that
a new permit be issued.
(b)
105.3.2 Extensions.
A
permittee holding an unexpired permit shall have the right to apply for an
extension of the time within which the permittee will commence work under that
permit where work is unable to be commenced within the time required by this
paragraph for good and satisfactory reasons. The fire code
official is authorized to grant, in writing, one or more extensions of the time
period of a permit for periods of not more than 180 days each. Such extensions
shall be requested by the permit holder in writing and justifiable cause
demonstrated.
(c)
105.3.3 Occupancy.
(i)
105.3.3.1 Acceptance testing of fire
protection systems. Prior to the issuance by the
building official of any certificate of occupancy for any building subject to
paragraph (D)(2)(a)(104.2.1) of this rule, the responsible person shall notify
the fire code official to be present to witness the acceptance testing of all
fire protection systems.
(ii)
105.3.3.2 Final inspection.
Prior to the issuance by the building official of any
certificate of occupancy for any building subject to paragraph
(D)(2)(a)(104.2.1) of this rule, the responsible person shall notify the fire
code official to conduct a final inspection. The fire code official shall
report any deficiencies of the fire protection systems to the building
official.
(iii)
105.3.3.3 Minimum conditions for safe
occupancy. No structure, premises or building, or any
portion thereof shall be occupied unless:
(a)
105.3.3.3.1
Such
structures, premises or buildings or portions thereof are in substantial
compliance with the applicable provisions of this code and the building code as
referenced in rule
1301:7-7-80
of the Administrative Code.
(b)
105.3.3.3.2
The
structure, premises or building, or any portion thereof does not constitute a
distinct or serious hazard to life or property in accordance with the
provisions of this code.
(d)
105.3.4
Conditional approvals and permits.
Where approval by the fire code official or
permits are required and upon the request of the
applicant, the fire code official is authorized to issue a conditional
approval or permit to engage in the permitted activity or use provided
that the permitted activity or use is safe and does not endanger life or public
welfare. The fire code official shall notify the applicant of any
limitations or restrictions necessary to keep the regulated activity or
use safe. The holder of a conditional approval or
permit shall proceed only to the point for which approval has been
given, at the applicant's own risk and without assurance that
approval for the occupancy or the utilization of the entire premises, equipment
or operations will be granted.
(e)
105.3.5
Posting the permit.
Issued permits shall
be kept on the premises designated therein at all times and shall be readily
available for inspection by the fire code official.
(f)
105.3.6
Compliance with code.
The issuance or
granting of a permit shall not be construed to be a permit for, or an approval
of, any violation of any of the provisions of this code or any other ordinance
of the jurisdiction. Permits presuming to give authority to violate or cancel
the provisions of this code or other ordinances of the jurisdiction shall not
be valid. The issuance of a permit based on construction documents and other
data shall not prevent the fire code official from requiring the correction of
errors in the construction documents and other data. Any addition to or
alteration of approved construction documents shall be approved in advance by
the fire code official, as evidenced by the issuance of a new or amended
permit.
(i)
105.3.6.1 For structures regulated by the building code as listed
in rule
1301:7-7-80
of the Administrative Code. If a building official
issues a permit, plan approval or certificate of occupancy for a structure in
accordance with the building code as listed in rule
1301:7-7-80
of the Administrative Code for a structure regulated by this code, the
responsible person is not exempted from compliance with this code, including
provisions for fire safety functions. If a review of fire protection system
plans in accordance with paragraph (D)(2)(a)(104.2.1) of this
rule is not completed or a permit for construction is not issued pursuant to
this code, the absence of such review or permit does not prohibit construction
from occurring in accordance with the building official's
approval.
(g)
105.3.7
Information on the permit. The fire code official shall issue all
permits required by this code on an approved form furnished for that purpose.
The permit shall contain a general description of the operation or occupancy
and its location and any other information required by the fire code official.
Issued permits shall bear the signature of the fire code official or other
approved legal authorization.
(h)
105.3.8
Validity of permit. The issuance or granting of a permit shall not be
construed to be a permit for, or an approval of, any violation of any of the
provisions of this code or of any other ordinances of the jurisdiction. Permits
presuming to give authority to violate or cancel the provisions of this code or
other ordinances of the jurisdiction shall not be valid. The issuance of a
permit based on construction documents, operational documents and other data
shall not prevent the fire code official from requiring correction of errors in
the documents or other data.
(4)
105.4
Construction documents. Construction documents shall be in accordance
with this paragraph. The requirement for plan review of fire protection
systems in structures regulated by the building code as listed in rule
1301:7-7-80
of the Administrative Code submitted for plan review in accordance with this
paragraph is subject to and does not supersede or otherwise conflict with the
requirements of paragraphs (D)(2)(a)(104.2.1) of this rule.
(a)
105.4.1
Submittals.
Subject to the
provisions of paragraph
(D)(2)(a)(104.2.1) of this rule,
construction documents and supporting data shall be submitted in two
or more sets with each application for a permit and in such form and detail as
required by the fire code official. The construction documents shall be
prepared by an appropriate person where required by the Revised
Code.
(i)
105.4.1.1
Examination of documents. The fire code official shall examine or cause
to be examined the accompanying construction documents and shall ascertain by
such examinations whether the work indicated and described is in accordance
with the requirements of this code.
(b)
105.4.2
Information on construction documents.
Construction documents shall be drawn to scale upon suitable
material. Electronic media documents are allowed to be submitted where approved
by the fire code official. Construction documents shall be of sufficient
clarity to indicate the location, nature and extent of the work proposed and
show in detail that it will conform to the provisions of this code and relevant
laws, ordinances, rules and regulations as determined by the fire code
official.
(i)
105.4.2.1 Fire protection system shop drawings.
Subject to the provisions of paragraph
(D)(2)(a)(104.2.1) of this rule, shop drawings for
the fire protection system(s) shall be submitted to indicate compliance with
this code and the construction documents and shall be approved prior to the
start of installation. Shop drawings shall contain all information as required
by the referenced installation standards in rule
1301:7-7-09
of the Administrative Code.
(c)
105.4.3
Applicant responsibility.
It shall be the
responsibility of the applicant to ensure that the construction documents
include all of the fire protection requirements and the shop drawings are
complete and in compliance with the applicable codes and
standards.
(d)
105.4.4 Approved documents.
Construction documents reviewed by the fire code
official in accordance with paragraph (D)(2)(a)(104.2.1) of this rule or
construction documents approved by the fire code official are
reviewed and approved with the intent that such construction
documents comply in all respects with this code. Review and approval by the
fire code official shall not relieve the applicant of the responsibility of
compliance with this code.
(i)
105.4.4.1 Phased approval. Subject
to the provisions of paragraph (D)(2)(a)(104.2.1) of this
rule, the fire code official is authorized to issue a permit for the
construction of part of a structure, system or operation before the
construction documents for the whole structure, system or operation have been
submitted, provided that adequate information and detailed statements have been
filed complying with pertinent requirements of this code. The holder of such
permit for parts of a structure, system or operation shall proceed at the
holder's own risk with the building operation and without assurance that a
permit for the entire structure, system or operation will be
granted.
(e)
105.4.5 Amended construction documents.
Work shall be installed in accordance with
the approved construction documents, and any changes made during construction
that are not in compliance with the approved construction documents shall be
resubmitted for approval as an amended set of construction documents.
(i)
105.4.5.1 Where actual
construction demonstrates substantial deviation from the construction documents
approved by the building code official, the fire code official shall have the
authority to require the responsible party to submit corrected construction
documents to the building code official having jurisdiction for approval in
accordance with the building code as listed in rule
1301:7-7-80
of the Administrative Code and to the fire code official for review in
accordance with paragraph (D)(2)( 104.2) of this
rule.
(f)
105.4.6 Retention of construction documents.
One set of construction documents shall be
retained by the fire code official for a period of not less than 180 days from
date of completion of the permitted work, or as required by state or local
laws. One set of approved construction documents shall be returned to the
applicant, and said set shall be kept on the site of the building or work at
all times during which the work authorized thereby is in
progress.
(5)
105.5 Revocation. The fire code official
is authorized to revoke a permit issued under the provisions of this code where
it is found by inspection or otherwise that there has been a false statement or
misrepresentation as to the material facts in the application or construction
documents on which the permit or approval was based including, but not limited
to, any one of the following:
(a)
The permit is used for a location or establishment
other than that for which it was issued.
(b)
The permit is
used for a condition or activity other than that listed in the
permit.
(c)
Conditions and limitations set forth in the permit have
been violated.
(d)
There have been any false statements or
misrepresentations as to the material fact in the application for permit or
plans submitted or a condition of the permit.
(e)
The permit is
used by a different person or firm than the name for which it was
issued.
(f)
The permittee failed, refused or neglected to comply
with orders or notices duly served in accordance with the provisions of this
code within the time provided therein.
(g)
The permit was
issued in error or in violation of an ordinance, regulation or this
code.
(6)
105.6 Operational permits. The
local fire code official and, when specified in this
rule, the state fire marshal are authorized in accordance with
paragraph (E)(1)(a)(ii)(105.1.1.2) of this rule to
issue operational permits as provided for in this rule.
(a)
105.6.1
Aerosol products.
An operational permit to
manufacture, store or handle an aggregate quantity of Level 2 or Level 3
aerosol products in excess of 500 pounds (227 kg) net weight.
(b)
105.6.2
Amusement buildings.
An operational permit
to operate a special amusement building.
(c)
105.6.3
Aviation facilities.
An operational permit
to use a Group H or Group S occupancy for aircraft servicing or repair and
aircraft fuel-servicing vehicles.
(d)
105.6.4
Carbon dioxide systems used for beverage dispensing applications.
An operational permit for carbon dioxide
systems used in beverage dispensing applications having more than 100 pounds of
carbon dioxide.
(e)
105.6.5 Carnivals and fairs.
An operational permit to conduct a carnival or
fair.
(f)
105.6.6 Cellulose nitrate film.
An operational permit to store, handle or use cellulose
nitrate film in a Group A occupancy.
(g)
105.6.7
Combustible dust-producing operations.
An
operational permit to operate a grain elevator, flour starch mill, feed mill,
or a plant pulverizing aluminum, coal, cocoa, magnesium, spices or sugar, or
other operations producing combustible dusts as defined in rule
1301:7-7-02 of the
Administrative Code.
(h)
105.6.8
Combustible fibers. An operational permit for the storage and handling
of combustible fibers in quantities greater than 100 cubic feet ( 2.8
m3).
(i)
105.6.9
Compressed gases. An operational permit for the storage, use or handling
at normal temperature and pressure (NTP) of compressed gases in excess of the
amounts listed in Table 105.6.9 of this rule.
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a.
For carbon dioxide
used in beverage dispensing applications, see paragraph
(E)(6)(d)(105.6.4) of this rule.
(j)
105.6.10 Covered and open mall buildings. An operational permit
for:
(i)
The
placement of retail fixtures and displays, concession equipment, displays of
highly combustible goods and similar items in the mall.
(ii)
The display of
liquid- or gas-fired equipment in the mall.
(iii)
The use of
open-flame or flame-producing equipment in the mall.
(k)
105.6.11
Cryogenic fluids. An operational permit to produce, store, transport on
site, use, handle or dispense cryogenic fluids in excess of the amounts listed
in Table 105.6.11 of this rule.
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(l)
105.6.12 Cutting and welding. An
operational permit to conduct cutting or welding operations within the
jurisdiction.
(m)
105.6.13 Dry cleaning. An operational
permit to engage in the business of dry cleaning or to change to a more
hazardous cleaning solvent used in existing dry cleaning
equipment.
(n)
105.6.14 Exhibits and trade shows. An
operational permit to operate exhibits and trade shows.
(o)
105.6.15
Explosives. An operational permit for the manufacture, storage,
handling, sale or use of any quantity of explosives, explosive materials,
fireworks, or pyrotechnic special effects within the scope of rule
1301:7-7-56
of the Administrative Code.
(p)
105.6.16
Fire hydrants and valves. An operational permit to use or operate fire
hydrants or valves intended for fire suppression purposes that are installed on
water systems and accessible to a fire apparatus access road that is open to or
generally used by the public.
(q)
105.6.17 Flammable and combustible liquids.
An operational permit:
(i)
To use or operate a pipeline for the transportation
within facilities of flammable or combustible liquids. This requirement shall
not apply to the off-site transportation in pipelines regulated by the
Department of Transportation (DOTn) nor does it apply to piping
systems.
(iii)
To store, handle or use Class I liquids in excess of 5
gallons (19 L) in a building or in excess of 10 gallons ( 37.9 L) outside of a
building, except for the following:
(a)
The storage or use of Class I liquids in the fuel tank
of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating
plant, unless such storage, in the opinion of the local fire
code official, would cause an unsafe condition.
(b)
The storage or
use of paints, oils, varnishes or similar flammable mixtures where such liquids
are stored for maintenance, painting or similar purposes for a period of not
more than 30 days.
(iii)
To store,
handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 L) in
a building or in excess of 60 gallons (227 L) outside a building, except for
fuel oil used in connection with oil-burning equipment.
(iv)
To store, handle
or use Class IIIB liquids in tanks or portable tanks for fueling motor vehicles
at motor fuel-dispensing facilities or where connected to fuel-burning
equipment.
(v)
To remove Class I or Class II liquids from an
underground storage tank used for fueling motor vehicles by any means other
than the approved, stationary on-site pumps normally used for dispensing
purposes.
(vi)
To operate tank vehicles, equipment, tanks, plants,
terminals, fuel-dispensing stations, refineries, distilleries and similar
facilities where flammable and combustible liquids are produced, processed,
transported, stored, dispensed or used.
(vii)
To place
temporarily out of service (for more than 90 days) an underground, protected
above-ground or above-ground flammable or combustible liquid
tank.
(viii)
To change the type of contents stored in a flammable or
combustible liquid tank to a material that poses a greater hazard than that for
which the tank was designed and constructed.
(ix)
To manufacture,
process, blend or refine flammable or combustible liquids.
(x)
To engage in the
dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial,
industrial, governmental or manufacturing establishments.
(xi)
To utilize a
site for the dispensing of liquid fuels from tank vehicles into the fuel tanks
of motor vehicles, marine craft and other special equipment at commercial,
industrial, governmental or manufacturing establishments.
(r)
105.6.18 Floor finishing. An operational permit
for floor finishing or surfacing operations exceeding 350 square feet (33
m2) using Class I or Class II
liquids.
(s)
105.6.19 Fruit and crop ripening. An
operational permit to operate a fruit- or crop-ripening facility or conduct a
fruit-ripening process using ethylene gas.
(t)
105.6.20
Fumigation and insecticidal fogging. An operational permit to operate a
business of fumigation or insecticidal fogging and to maintain a room, vault or
chamber in which a toxic or flammable fumigant is used.
(u)
105.6.21
Hazardous materials. An operational permit to store, transport on site,
dispense, use or handle hazardous materials in excess of the amounts listed in
Table 105.6.21 of this rule.
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a.
20 gallons where Table 5003.1.1(1) of rule
1301:7-7-50
of the Administrative Code note k applies and hazard identification
signs in accordance with paragraph (C)(5)( 5003.5) of
rule
1301:7-7-50
of the Administrative Code are provided for quantities of 20 gallons
or less.
b.
200 pounds where Table 5003.1.1(1) of rule
1301:7-7-50
of the Administrative Code note k applies and hazard identification
signs in accordance with paragraph (C)(5)( 5003.5) of
rule
1301:7-7-50
of the Administrative Code are provided for quantities of 200 pounds
or less.
(v)
105.6.22 HPM facilities. An operational
permit to store, handle or use hazardous production materials.
(w)
105.6.23
High-piled storage. An operational permit to use a building or portion
thereof as a high-piled storage area exceeding 500 square feet (46
m2).
(x)
105.6.24
Hot work operations. An operational permit for hot work including, but
not limited to:
(i)
Public exhibitions and demonstrations where hot work is
conducted.
(ii)
Use of portable hot work equipment inside a
structure.
(iii)
Fixed-site hot work equipment, such as welding
booths.
(iv)
Hot work conducted within a wildfire risk
area.
(v)
Application of roof coverings with the use of an
open-flame device.
(vi)
Where approved, the fire code official may
issue a permit to carry out a hot work program. This program allows
approved personnel to regulate their facility's hot work operations. The
approved personnel shall be trained in the fire safety aspects denoted in the
state fire code and shall be responsible for issuing permits
requiring compliance with the requirements found in rule
1301:7-7-35
of the Administrative Code. These permits shall be issued only to
their employees or hot work operations under their supervision.
(y)
105.6.25 Industrial ovens. An operational
permit for operation of industrial ovens regulated by rule
1301:7-7-30 of
the Administrative Code.
(z)
105.6.26
Lumber yards and woodworking plants. An operational permit for the
storage or processing of lumber exceeding 100,000 board feet (8333
ft3) (236
m3).
(aa)
105.6.27
Liquid- or gas-fueled vehicles or equipment in assembly buildings. An
operational permit to display, operate or demonstrate liquid- or gas-fueled
vehicles or equipment in assembly buildings.
(bb)
105.6.28
LP-gas. An operational permit for:
(i)
Storage and use
of LP-gas.
(ii)
Operation of cargo tankers that transport
LP-gas.
(cc)
105.6.29 Magnesium. An operational permit
to melt, cast, heat treat or grind more than 10 pounds ( 4.54 kg) of
magnesium.
(dd)
105.6.30 Miscellaneous combustible storage.
An operational permit to store in any building or upon any premises in
excess of 2,500 cubic feet (71 m3) gross volume of
combustible empty packing cases, boxes, barrels or similar containers, rubber
tires, asphalt shingles, rubber, cork or similar combustible
material.
(ee)
105.6.31 Motor fuel-dispensing facilities.
An operational permit for the operation of automotive, marine and fleet
motor fuel-dispensing facilities.
(ff)
105.6.32
Open burning. An operational permit for the kindling or maintaining of
an open fire or a fire on any public street, alley, road, or other public or
private ground. Instructions and stipulations of the permit shall be adhered
to.
(gg)
105.6.33
Open flames and torches. An operational permit to remove paint with a
torch; or to use a torch or open-flame device in a wildfire risk
area.
(hh)
105.6.34 Open flames and candles. An
operational permit to use open flames or candles in connection with assembly
areas, dining areas of restaurants or drinking establishments.
(ii)
105.6.35
Organic coatings. An operational permit for any organic-coating
manufacturing operation producing more than 1 gallon (4 L) of an organic
coating in one day.
(jj)
105.6.36 Places of assembly. An
operational permit for a place of assembly.
(kk)
105.6.37
Private fire hydrants. An operational permit for the removal from
service, use or operation of private fire hydrants.
(ll)
105.6.38
Pyrotechnic special effects material. An operational permit is required
for use and handling of pyrotechnic special effects material.
(mm)
105.6.39
Pyroxylin plastics. An operational permit for storage or handling of
more than 25 pounds (11 kg) of cellulose nitrate (pyroxylin) plastics, and for
the assembly or manufacture of articles involving pyroxylin
plastics.
(nn)
105.6.40 Refrigeration equipment. An
operational permit to operate a mechanical refrigeration unit or system
regulated by rule
1301:7-7-06
of the Administrative Code.
(oo)
105.6.41
Repair garages. An operational permit for operation of repair
garages.
(pp)
105.6.42 Rooftop heliports. An operational
permit for the operation of a rooftop heliport.
(qq)
105.6.43
Spraying or dipping. An operational permit to conduct a spraying or
dipping operation utilizing flammable or combustible liquids, or the
application of combustible powders regulated by rule
1301:7-7-24 of
the Administrative Code.
(rr)
105.6.44
Storage of scrap tires and tire byproducts. An operational permit to
establish, conduct or maintain storage of scrap tires and tire byproducts that
exceeds 2,500 cubic feet (71 m3) of total volume of
scrap tires, and for indoor storage of tires and tire
byproducts.
(ss)
105.6.45 Temporary membrane structures and tents.
An operational permit to operate an air-supported temporary membrane
structure, a temporary stage canopy or a tent having an area in excess of 400
square feet (37 m2).
1.
Tents used
exclusively for recreational camping purposes.
2.
Tents open on all
sides, which comply with all of the following:
2.1.
Individual tents
having a maximum size of 700 square feet (65
m2).
2.2.
The aggregate
area of multiple tents placed side by side without a fire break clearance of
not less than 12 feet (3658 mm) not exceeding 700 square feet
(65 m2) total.
2.3.
A minimum
clearance of 12 feet (3658 mm) to structures and other tents is
provided.
(tt)
105.6.46
Tire-rebuilding plants. An operational permit for the operation and
maintenance of a tire-rebuilding plant.
(uu)
105.6.47
Waste handling. An operational permit for the operation of wrecking
yards, junk yards and waste material-handling facilities.
(vv)
105.6.48
Wood products. An operational permit to store chips, hogged material,
lumber or plywood in excess of 200 cubic feet (6
m3).
(7)
105.7
Construction permits. The local fire code official and, when
specified in this rule, the state fire marshal are authorized
in accordance with paragraph (E)(1)(a)(ii)(105.1.1.2)
of this rule to issue construction permits for work as
provided for in this rule.
(a)
105.7.1 Automatic fire-extinguishing systems.
A construction permit for installation of
or modification to an automatic fire-extinguishing system. Maintenance
performed in accordance with the state fire code is not
considered to be a modification and does not require a permit.
(b)
105.7.2
Battery systems.
A permit to install
stationary storage battery systems having a liquid capacity of more than 50
gallons (189 L).
(c)
105.7.3 Compressed gases.
Where the compressed gases in use or storage exceed the
amounts listed in Table 105.6.9 of this rule, a construction
permit to install, repair damage to, abandon, remove, place temporarily out of
service, or close or substantially modify a compressed gas system.
1.
Routine
maintenance.
2.
For emergency repair work performed on an emergency
basis, application shall be made within two working days of commencement of
work.
(d)
105.7.4 Cryogenic fluids.
A construction permit for installation of or alteration to
outdoor stationary cryogenic fluid storage systems where the system capacity
exceeds the amounts listed in Table 105.6.11 of this rule.
Maintenance performed in accordance with the state fire code
is not considered to be an alteration and does not require a
construction permit.
(e)
105.7.5 Emergency responder radio coverage
system.
A construction permit for
installation of or modification to emergency radio responder radio coverage
systems and related equipment. Maintenance performed in accordance with this
rule is not considered to be a modification and does not
require a construction permit.
(f)
105.7.6
Fire alarm and detection systems and related equipment.
A construction permit for installation of or modification to
fire alarm and detection systems and related equipment. Maintenance performed
in accordance with the state fire code is not considered to be
a modification and does not require a construction permit.
(g)
105.7.7
Fire pumps and related equipment. A construction permit for installation
of or modification to fire pumps and related fuel tanks, jockey pumps,
controllers, and generators. Maintenance performed in accordance with the
state fire code is not considered to be a modification and
does not require a permit.
(h)
105.7.8
Flammable and combustible liquids. A construction permit:
(i)
To install,
repair or modify a pipeline for the transportation of flammable or combustible
liquids.
(ii)
To install, construct or alter tank vehicles,
equipment, tanks, plants, terminals, fuel-dispensing stations, refineries,
distilleries and similar facilities where flammable and combustible liquids are
produced, processed, transported, stored, dispensed or used.
(iii)
To install,
alter, remove, abandon or otherwise dispose of a flammable or combustible
liquid tank and any line or dispensing device connected
thereto.
(i)
105.7.9
Gates and barricades across fire apparatus access roads. A construction
permit for the installation of or modification to a gate or barricade across a
fire apparatus access road.
(j)
105.7.10
Hazardous materials. A construction permit to install, repair damage to,
abandon, remove, place temporarily out of service, or close or substantially
modify a storage facility or other area regulated by rule
1301:7-7-50
of the Administrative Code where the hazardous materials in use or
storage exceed the amounts listed in Table 105.6.21 of this
rule.
1.
Routine
maintenance.
2.
For emergency repair work performed on an emergency
basis, application for permit shall be made within two working days of
commencement of work.
(k)
105.7.11
Industrial ovens. A construction permit for installation of industrial
ovens covered by rule
1301:7-7-30 of
the Administrative Code.
1.
Routine
maintenance.
2.
For repair work performed on an emergency basis,
application for permit shall be made within two working days of commencement of
work.
(l)
105.7.12 LP-gas. A construction permit for
installation of or modification to an LP-gas system. Maintenance performed in
accordance with the state fire code is not considered to be a
modification and does not require a permit.
(m)
105.7.13
Private fire hydrants. A construction permit for the installation or
modification of private fire hydrants. Maintenance performed in accordance with
the state fire code is not considered to be a modification and
does not require a permit.
(n)
105.7.14
Smoke control or smoke exhaust systems. Construction permits for
installation of or alteration to smoke control or smoke exhaust systems.
Maintenance performed in accordance with the state fire code
is not considered to be an alteration and does not require a
permit.
(o)
105.7.15 Solar photovoltaic power systems.
A construction permit to install or modify solar photovoltaic power
systems. Maintenance performed in accordance with the state fire
code is not considered to be a modification and does not require a
permit.
(p)
105.7.16 Spraying or dipping. A
construction permit to install or modify a spray room, dip tank or booth.
Maintenance performed in accordance with the state fire code
is not considered to be a modification and does not require a
permit.
(q)
105.7.17 Standpipe systems. A construction
permit for the installation, modification, or removal from service of a
standpipe system. Maintenance performed in accordance with the state
fire code is not considered to be a modification and does not require
a permit.
(r)
105.7.18 Temporary membrane structures and tents.
A construction permit to erect an air-supported temporary membrane
structure, a temporary stage canopy or a tent having an area in excess of 400
square feet (37 m2).
1.
Tents used
exclusively for recreational camping purposes.
2.
Funeral tents and
curtains, or extensions attached thereto, when used for funeral
services.
3.
Tents and awnings open on all sides which comply with
all of the following:
3.1.
Individual tents having a maximum size
of 700 square feet (65 m2).
3.2.
The aggregate
area of multiple tents placed side by side without a fire break clearance of
not less than 12 feet (3658 mm) not exceeding 700 square feet (65
m2) total.
3.3.
A minimum
clearance of 12 feet (3658 mm) to structures and other tents is
maintained.
(8)
105.8 Local permit
fees. When permits are issued by the local fire code
official, the local fire code official is authorized, but not required to,
establish and collect fees for such permits in accordance with the applicable
law.
(F)
Section 106 Inspections
(1)
106.1
Inspection authority.
The fire code
official is authorized to enter and examine any building, structure, marine
vessel, vehicle or premises in accordance with paragraph
(D)(3)( 104.3) of this rule for the purpose of
enforcing this code.
(2)
106.2 Inspections.
The fire code official is authorized to conduct such
inspections in accordance with section
3737.14 of the Revised Code
as are deemed necessary to determine the extent of compliance with the
provisions of this code and to approve reports of inspection by approved
agencies or individuals. Reports of such inspections shall be prepared and
submitted in writing for review and approval. Inspection reports shall be
certified by a responsible officer of such approved agency or by the
responsible individual. The fire code official is authorized to engage such
expert opinion as deemed necessary to report upon unusual, detailed or complex
technical issues subject to the approval of the governing body.
(a)
106.2.1
Inspection requests. When required by the fire code official or
as a condition of a permit, it shall be the duty of the holder of the
permit or their duly authorized agent to notify the fire code official when
work is ready for inspection. It shall be the duty of the permit holder to
provide access to and means for inspections of such work that are required by
this code.
(b)
106.2.2 Approval required. When
required by the fire code official, work shall not be done beyond the
point indicated in each successive inspection without first obtaining the
approval of the fire code official. The fire code official, upon notification,
shall make the requested inspections and shall either indicate the portion of
the construction that is satisfactory as completed, or notify the permit holder
or his or her agent wherein the same fails to comply with this code. Any
portions that do not comply shall be corrected and such portion shall not be
covered or concealed until authorized by the fire code
official.
(3)
106.3 Concealed work.
When required by the fire code official, it
shall be the duty of the permit
applicant to cause the work to remain accessible and exposed for inspection
purposes. Where any installation subject to an inspection
as required by this code or Chapter 3731., 3737., or 3743. of the
Revised Code prior to its use is covered or concealed
without having first been inspected, the responsible party, subject to
paragraph (D)(2)(b)(104.2.2) of this rule, must uncover the work for fire code
official inspection. Neither the fire code official nor the
jurisdiction shall be liable for expense entailed in the removal or replacement
of any material required to allow inspection.
(4)
106.4
Approvals.
Approval as the result of an
inspection shall not be construed to be an approval of a violation of the
provisions of this code or of other ordinances of the jurisdiction,
regardless of when such violations occurred. Inspections presuming to
give authority to violate or cancel provisions of this code or of other
ordinances of the jurisdiction shall not be valid.
(G)
Section 107
Maintenance
(1)
107.1 Maintenance of safeguards.
Where any device, equipment, system, condition, arrangement,
level of protection, or any other feature is required for compliance with the
provisions of this code, or otherwise installed, such device, equipment,
system, condition, arrangement, level of protection, or other feature shall
thereafter be continuously maintained in accordance with this code and
applicable referenced standards.
(2)
107.2
Testing and operation.
Equipment requiring
periodic testing or operation to ensure maintenance shall be tested or operated
as specified in this code.
(a)
107.2.1 Reinspection and testing. Where
any work or installation does not pass an initial test or inspection, the
necessary corrections shall be made so as to achieve compliance with this code.
The work or installation shall then be resubmitted to the fire code official
for inspection and testing.
(3)
107.3
Recordkeeping.
A record of periodic
inspections, tests, servicing and other operations and maintenance shall be
maintained on the premises or other approved location for not less than 3
years, or a different period of time where specified in this code or referenced
standards. Records shall be made available for inspection by the fire code
official, and a copy of the records shall be provided to the fire code official
upon request.
(4)
107.4 Supervision.
Maintenance and testing shall be under the supervision of a
responsible person who shall ensure that such maintenance and testing are
conducted at specified intervals in accordance with this code.
(5)
107.5
Rendering equipment inoperable.
Portable
or fixed fire-extinguishing systems or devices, and fire-warning systems, shall
not be rendered inoperative or inaccessible, except as necessary during
emergencies, maintenance, repairs, alterations, drills or prescribed
testing.
(6)
107.6 Overcrowding.
It shall be a violation of this code for a responsible
person to permit or engage in the overcrowding of any structure, building or
premise beyond the approved capacity of such structure, building or premise or
in a manner that constitutes a hazard to the occupants of the location.
Overcrowding or admittance of any person
beyond the approved capacity of a building or a portion thereof shall not be
allowed. The fire code official, upon finding any overcrowding conditions or
obstructions in aisles, passageways or other means of egress, or upon finding
any condition that constitutes a life safety hazard, shall be authorized to
order the event to be stopped until such condition or obstruction is
corrected.
(H)
Section 108 Appeal of
orders
(1)
108.1Appeals of orders.
Citations and orders issued by the fire code official
relative to the application of this code may be appealed by the responsible
person to the state board of building appeals in accordance with the provisions
of Chapters 3737. and 3781. of the Revised Code including sections
3737.43 and
3781.19 of the Revised
Code.
(I)
Section 109 Violations
(1)
109.1
Unlawful acts. It shall be unlawful for a person, firm or corporation to
erect, construct, alter, repair, remove, demolish or utilize a building,
occupancy, premises or system regulated by this code, or cause same to be done,
in conflict with or in violation of any of the provisions of this code.
(a)
109.1.1 Imminent hazards.
Conditions or practices in any building or upon any premises
which violate the state fire code and are such that a fire or explosion hazard
exists which could reasonably and imminently be expected to cause death or
serious physical harm shall be addressed in accordance with section
3737.44 of the Revised Code,
including obtaining the authorization of the state fire marshal or chief deputy
state fire marshal prior to the issuance of any oral orders directing that a
building or premises be vacated immediately.
(b)
109.1.2 Distinct hazards.
Structural conditions constituting a distinct hazard as
described in paragraph (B)(1)(a)(iii)(102.1.1) of this rule shall, in addition
to other remedies authorized by sections
3737.41 through
3737.51 of the Revised Code, be
resolved through the issuance of a citation in accordance with section
3737.42 of the Revised Code. As
described in paragraph (B)(1)(a)(iii)(102.1.1) of this rule, such a citation
may require the application of the construction and design provisions of this
code to an existing structure or condition, regardless of whether such location
is in substantial compliance with the applicable version of the building code
listed in rule
1301:7-7-80
of the Administrative Code.
(c)
109.1.3 Serious hazards.
If the state fire marshal, assistant state fire marshal, or
certified fire safety inspector, upon examination or inspection, finds either
of the following:
(i)
a structure, premise or location to be a
"serious hazard" as that term is defined in this code;
or
(ii)
the conditions at such structure, premise or location
constitute a violation of or require the application of paragraph (G)(6)( 107.6
) of this rule, (A)(7)( 901.7) of rule
1301:7-7-09
of the Administrative Code or (A)(2)( 1001.2) of rule
1301:7-7-10 of
the Administrative Code to such places; the state fire marshal, assistant state
fire marshal, or certified fire safety inspector is authorized to verbally
order or order in writing, on a form approved by the state fire marshal, the
structure, premise or location to comply with the fire code, including as
described in paragraph (G)(6)( 107.6) of this rule, (A)(7)( 901.7) of rule
1301:7-7-09
of the Administrative Code or (A)(2)( 1001.2) of rule
1301:7-7-10 of
the Administrative Code, or otherwise abate the conditions causing the serious
hazard.
(d)
109.1.4.
After issuance, verbal orders shall forthwith be reduced to
writing on a form proscribed by the state fire marshal. Once written, all
orders under this paragraph shall be provided to the responsible person and
prominently posted by the responsible person at the hazard site at a location
observable by any members of the public at, or by any emergency responders to,
the site. If no responsible person can readily be identified, the fire code
official shall post the written orders at the site. Failure to comply with an
order issued under this paragraph is a violation of this code. All orders
issued under this section shall be converted to a citation pursuant to section
3737.42 of the Revised Code as
soon as is practicable and shall include a reference to this section (so that a
responsible person may appeal such order and associated code violations in
accordance with section
3737.43 of the Revised Code). If
the state fire marshal, assistant state fire marshal, or certified fire safety
inspector withdraws, modifies or cancels an order under this section, such
official shall immediately provide written notification to the responsible
person on a form proscribed by the state fire marshal.
(e)
109.1.5 General fire code enforcement (R.C.
3737.42(A)).
If upon inspection or investigation, the state fire marshal, an
assistant state fire marshal, or a certified fire safety inspector believes
that the state fire code or associated order has been violated, including for a
distinct or serious hazard, the state fire marshal, assistant state fire
marshal, or certified fire safety inspector shall issue a citation to the
responsible person in accordance with section
3737.42
(A) of the Revised Code and paragraph (I)(4)( 109.4
) of this rule.
(i)
109.1.5.1 Minor hazards (R.C.
3737.42(B)).
If a violation of this code has no direct or immediate
relationship to safety or health, the state fire marshal, assistant state fire
marshal, or the certified fire safety inspector may issue a notice in lieu of a
citation with respect to such de minimis violation in accordance with division
(B) of section 3737.42 of the Revised Code and
paragraph (I)(2)( 109.2) of this rule. If such violations are not remedied
within the time frame established by the fire code official, such official may
issue a citation in accordance with division (A) of section
3737.42 of the Revised
Code.
(a)
109.1.5.1.1 Notice of de minimis violation.
In accordance with division (B) of section
3737.42 of the Revised Code,
when the fire code official finds a building, premises, vehicle, storage
facility or outdoor area that is in violation of this code, but such a
violation has no direct or immediate relationship to safety or health, the fire
code official is authorized to prepare a written notice of de minimis violation
describing the conditions deemed unsafe and, when compliance is not immediate,
specifying a time for reinspection.
(b)
109.1.5.1.2
Service.
A notice of de minimis violation
issued pursuant to this code shall be served upon the owner, the owner's
authorized agent, operator, occupant or other person responsible for the
condition or violation, either by personal service, mail, or by delivering the
same to, and leaving it with, some person of responsibility upon the premises.
For unattended or abandoned locations, a copy of such notice of violation shall
be posted on the premises in a conspicuous place at or near the entrance to
such premises and the notice of violation shall be mailed by certified mail
with return receipt requested or a certificate of mailing, to the last known
address of the owner, the owner's authorized agent or occupant.
(c)
109.1.5.1.3
Compliance with orders and notices.
A
notice of de minimis violation issued or served as provided by this code shall
be complied with by the owner, the owner's authorized agent, operator, occupant
or other person responsible for the condition or violation to which the notice
of violation pertains.
(d)
109.1.5.1.4 Remedies for noncompliance.
If the notice of violation is not
complied with within the specified period of abatement, the fire code official
is authorized to take further enforcement actions in accordance with
paragraph (I)(4)( 109.4) of this rule or to request the legal counsel
of the jurisdiction to institute the appropriate legal proceedings at law or in
equity to restrain, correct or abate such violation of this code or of the
order or direction made pursuant hereto.
(e)
109.1.5.1.5
Unauthorized tampering.
Signs, tags or
seals posted or affixed by the fire code official shall not be mutilated,
destroyed or tampered with, or removed, without authorization from the fire
code official.
(f)
109.1.6 Enforcement to remedy dangerous conditions.
If the state fire
marshal, assistant state fire marshal, or certified fire safety inspector, upon
examination or inspection, finds a building or other structure especially
liable to fire or endangers life or other buildings or property, or finds a
building or any premises with combustible, explosive or flammable materials
which are dangerous to the safety of persons or finds any structure, tank,
container or vehicle used for the storage, handling or transportation of
flammable or combustible materials to be dangerous to the safety of persons,
the state fire marshal, assistant state fire marshal, or certified fire safety
inspector shall issue a citation in accordance with section
3737.41 of the Revised Code and
paragraph (I)(4)( 109.4) of this rule. Nothing in this paragraph shall be
construed as prohibiting or limiting a fire code official's ability to take any
other enforcement actions authorized by chapter 3737. of the Revised Code,
including issuance of citation pursuant to section
3737.42 of the Revised
Code.
(2)
109.2 Owner/occupant responsibility.
Correction and abatement of violations of
this code shall be the responsibility of the owner or responsible
person. If an occupant creates, or allows to be created, hazardous
conditions in violation of this code, the occupant shall also
be held responsible for the abatement of such hazardous
conditions.
(3)
109.3 Citations and notices of hearing.
Issuance and enforcement
of citations and orders are regulated by sections
3737.41 to
3737.46 of the Revised Code.
Citations, orders and notices of hearing shall be issued in accordance with
this paragraph and Chapter 119. of the Revised Code.
(a)
109.3.1 Form of citation.
Every citation and notice of hearing shall be in
writing.
(b)
109.3.2 Citation requirements.
Every citation shall be
issued in accordance with section
3737.41 or
3737.42 of the Revised
Code.
(c)
109.3.3 Posting of citation by
responsible party.
For
each citation issued under section
3737.42 of the Revised Code, a
copy or copies of the citation shall be prominently posted by the responsible
person at or near each place a violation referred to in the citation occurs and
shall be clearly visible to any member of the public that enters a structure or
premises that is subject to the citation. Citations shall remain posted until
dismissed, the state board of building appeals authorizes the removal of the
posted citation or all of the hazardous conditions in the citation are verified
by the issuing agency as being remedied. If a responsible party refuses or is
unable to post a citation, the fire code official is authorized to post
citations issued by that authority at a location clearly visible to any member
of the public that enters a structure or premises that is subject to the
citation.
(d)
109.3.4 Notice of appeal.
Every responsible person issued a citation
under section 3737.41 or
3737.42 of the Revised Code
shall be given, as provided by section
3737.43 of the Revised Code and
within a reasonable time after such inspection or investigation and in
accordance with Chapter 119. of the Revised Code, notice of the citation and
penalty, if any, proposed to be assessed under section
3737.51 of the Revised Code, and
of the responsible person's right to appeal the citation and penalty, under
Chapter 119. of the Revised Code, to the state board of building appeals
established under section
3781.19 of the Revised Code
within thirty days after receipt of the notice.
(e)
109.3.5 Service of citations.
Every citation and notice of hearing shall be delivered in
accordance with section
119.07 of the Revised Code.
Every citation and notice of hearing shall be delivered by registered mail,
return receipt requested and a copy of the notice shall be mailed to attorneys
or other representatives of record representing the party. When any notice sent
by registered mail, as required by sections
119.01 to
119.13 of the Revised Code, is
returned because the party fails to claim the notice, the agency shall send the
notice by ordinary mail to the party at the party's last known address and
shall obtain a certificate of mailing. Service by ordinary mail is complete
when the certificate of mailing is obtained unless the notice is returned
showing failure of delivery.
(4)
109.4Civil penalties for violations
of the Ohio Fire Code. Penalties are specified in sections
3737.51 and
3737.99 of the Revised Code. In
accordance with section
3737.51 of the Revised Code, the
fire code official may propose a civil penalty for each violation of this code
as follows:
1.
Any person who has received a citation for a serious
violation of the fire code or any order issued pursuant to it shall be assessed
a civil penalty of not more than one thousand dollars for each such
violation.
2.
Any person who has received a citation for a
violation of the fire code or any order issued pursuant to it, and such
violation is specifically determined not to be of a serious nature, may be
assessed a civil penalty of not more than one thousand dollars for each such
violation.
3.
Any person who fails to correct a violation for
which a citation has been issued within the period permitted for its
correction, may be assessed a civil penalty of not more than one thousand
dollars for each day during which such failure or violation
continues.
4.
Any person who violates any of the posting
requirements, as prescribed by division (C) of section
3737.42 of the Revised Code,
shall be assessed a civil penalty of not more than one thousand dollars for
each violation.
(a)
109.4.1 Appropriateness of penalty.
Due consideration to the
appropriateness of the penalty with respect to the gravity of the violation,
the good faith of the person being charged, and the history of previous
violations shall be given whenever a penalty is assessed under this
chapter.
(b)
109.4.2 Serious violation.
For purposes of this
section, a serious violation shall be considered to exist if there is a
substantial probability that an occurrence causing death or serious physical
harm to persons could result from a condition which exists, or from one or more
practices, means, methods, operations or processes which have been adopted or
are in use, unless the person did not and could not with the exercise of
reasonable diligence, know of the presence of the
violation.
(c)
109.4.3 Payment of civil penalties.
Civil penalties imposed
by this chapter shall be paid to the fire marshal for deposit into the general
revenue fund. Such penalties may be recovered in a civil action in the name of
the state brought in the court of common pleas of the county where the
violation is alleged to have occurred.
(J)
Section 110 Unsafe buildings
(1)
110.1
General. If during the inspection of a premises, the fire code
official finds a building or structure or any building system, in
whole or in part, constitutes a dangerous condition described in
division (A), (B) or (C) of section
3737.41 of the Revised Code,
the fire code official shall issue such citation and
orders to remove or remedy the condition as shall be deemed necessary
in accordance with section
3737.41 of the Revised Code
and shall, as appropriate, refer the building to the building
department for any repairs, alterations, remodeling, removing or demolition
required. Nothing in this paragraph shall be construed as prohibiting
or limiting a fire code official's ability to take any other enforcement
actions authorized by Chapter 3737. of the Revised Code, including issuance of
citation pursuant to section
3737.42 of the Revised
Code.
(a)
110.1.1 Unsafe conditions. Structures or
existing equipment that are or hereafter become unsafe or deficient because of
inadequate means of egress or which constitute a fire hazard, or are otherwise
dangerous to human life or the public welfare, or which involve illegal or
improper occupancy or inadequate maintenance, shall be deemed an unsafe
condition. A vacant structure that is not secured against unauthorized entry as
required by paragraph (K)(311) of rule
1301:7-7-03
of the Administrative Code shall be deemed unsafe.
(i)
If the
fire code official finds an unsafe condition as described in this paragraph
that constitutes an imminent hazard, as that term is used in section
3737.44 of the Revised Code,
such fire code official shall take actions as required by section
3737.44 of the Revised Code and
paragraph (I)(1)(a)(109.1.1) of this rule.
(ii)
If the fire code
official finds an unsafe condition as described in this paragraph that is
especially liable to fire or endangers life or other buildings or property,
such fire code official shall issue a citation and order that the responsible
person take all necessary remedial actions as required by section
3737.41 of the Revised
Code.
(iii)
If the fire code official finds an unsafe
condition as described in this paragraph that violates specific provisions of
this code, such fire code official shall take such enforcement actions as
provided for in this rule including, but not limited to, the issuance of a
citation pursuant to section
3737.42 of the Revised Code.
This includes the issuance of a citation for a distinct hazard pursuant to
paragraph (I)(1)(b)(109.1.2) of this rule and for a serious hazard pursuant to
paragraph (I)(1)(c)(109.1.3) of this rule.
(b)
110.1.2
Structural hazards. Where an apparent structural hazard is caused by the
faulty installation, operation or malfunction of any of the items or devices
governed by this code, the fire code official shall immediately notify the
building code official in accordance with paragraph (J)(1)(
110.1) of this rule.
(K)
Section 111
Stop work order
(1)
111.1 Order.
Whenever
the fire code official finds any work relating to the fire prevention
provisions of Chapters 3781. and 3791. of the Revised Code or work subject to
paragraph (D)(2)(a)(104.2.1) of this rule contrary to the approved plans or
work otherwise regulated by this code being performed in a manner
contrary to the provisions of the Revised Code or this code,
in a dangerous or unsafe manner, the fire code official is authorized, subject
to paragraph (D)(2)(b)(104.2.2) of this rule, to issue a stop work order
in accordance with section
3781.031 of the Revised Code or
this code.
(2)
111.2 Issuance.
A stop work order shall be issued in accordance with
section 3737.42 of the Revised Code, be
in writing and shall be given to the owner of the property, or to the
owner's authorized agent, or to the person doing the work and a copy
shall be provided to the building official having jurisdiction. Upon
issuance of a stop work order, the cited work shall immediately cease. The stop
work order shall state the reason for the order, and the conditions under which
the cited work is authorized to resume.
(3)
111.3
Emergencies.
Where an emergency exists,
meeting the definition of an imminent hazard as described in section
3737.44 of the Revised Code,
the fire code official shall not be required to give a written notice
prior to stopping the work, provided that the stop work order is issued
in accordance with sections
3737.44 and
3737.46 of the Revised
Code.
(4)
111.4 Failure to comply.
Any person who shall continue any work after having been
served with a stop work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be subject to
penalties in accordance with paragraph (I)(4)( 109.4) of this rule or other
applicable laws, rules and regulations.
(L)
Section 112 State fire marshal permits and inspection
fees
(1)
112.1 Permit fees.
The fee for all permits issued by the state fire
marshal shall be seventy-five dollars unless specifically indicated otherwise
in this code.
1.
If a
manufacturer or wholesaler of fireworks has paid an original or a renewal
licensure application fee in accordance with paragraph
(Q)(1)( 5617.1) of rule
1301:7-7-56
of the Administrative Code, then the manufacturer or wholesaler of fireworks is
not required to pay a fee for the Class 1 magazine storage permit required by
paragraph (E)(1)(a)(i)(a)(105.1.1.1.1) of this
rule.
2.
A permit fee is not required for the
construction of a temporary membrane structure or tent erected on state
property.
(a)
112.1.1 Fees for multiple permits.
When multiple permits are applied for to the state fire
marshal for a specific event or approved construction at the same location,
such permit application may be consolidated into a single permit application.
The total fees otherwise required for such multiple permits may be consolidated
into a single fee, which may be reduced at the discretion of the state fire
marshal in an amount proportionate to the corresponding inspection
activity.
(2)
112.2 Construction inspection fees.
The state fire marshal
shall require new construction inspection fees as follows:
(a)
Initial
inspection fee of two hundred dollars.
(b)
Re-inspection fee of fifty dollars.
(c)
First
follow-up inspection fee of one hundred dollars.
(d)
Second
follow-up inspection fee of one hundred-fifty
dollars.
(e)
Third
follow-up inspection fee of two hundred dollars.
(f)
Fourth
follow-up inspection fee of three hundred dollars.
(g)
Subsequent follow-up inspection fees are increased in fifty
dollar increments.
(3)
112.3 Fire safety inspection fees.
The state fire marshal
shall require fire safety inspection fees for all other inspections as
follows:
(a)
Inspection fee of one hundred
dollars.
(b)
First re-inspection fee of fifty
dollars.
(c)
Second re-inspection fee of seventy-five
dollars.
(d)
Subsequent re-inspection fees are increased in
fifty-dollar increments.
1.
The
inspection fee for the initial inspection conducted pursuant to the application
for any license issued by the state fire marshal shall be included in the
application fee.
2.
Fire safety inspection fees for child daycare
and child foster homes caring for eleven or fewer children shall be fifty
dollars.
3.
Fire safety inspection fees for the storage of
explosives and explosive materials are waived for storage facilities located on
a licensed premises pursuant to Chapter 3743. of the Revised Code and rule
1301:7-7-56
of the Administrative Code.
(M)
Section 113 Amendments to the fire code
(1)
113.1
When any
person desires to petition the state fire marshal to adopt, amend or rescind a
provision of this code, such person shall file on a format prescribed by the
state fire marshal the petition with the state fire marshal.
(a)
113.1.1. The adoption, amendment or rescission
of any provision of this code shall be accomplished according to Chapter 119.
and sections 3737.82 and
3737.86 of the Revised
Code.
(2)
113.2
The petition shall include the following:
(a)
The date
the petition is submitted;
(b)
The
number of the section of this code which is proposed for amendment adoption or
rescission;
(c)
The section numbers of all other sections of
this code which will be affected by the matter
proposed;
(d)
The name and address of the petitioner and the
name of the petitioner's representative if a representative is
employed;
(e)
The provisions of this code, which are proposed
for adoption, amendment or rescission stated in full and in the form specified
in this rule;
(f)
The reasons for and purpose of the matter
proposed.
(3)
113.3 Changes.
Petitions for adoption, amendment or rescission of this
code, required under this rule, shall conform to the requirements of this rule
including:
(a)
113.3.1.
All matter proposed to be
eliminated from this code shall be deleted by means of striking through the
text.
(b)
113.3.2.
All proposed new matter
to be inserted into this code shall be inserted and be underlined.
(N)
Section 114 Notice of
public hearing
(1)
114.1 Procedures.
The procedure of the
state fire marshal for giving public notice for the adoption, amendment or
recession of the rules shall be in accordance with Chapter 119. and section
3737.86 of the Revised Code, and
this paragraph.
(2)
114.2
The state fire marshal shall cause:
(a)
A
statement of its intention to consider adopting, amending or rescinding a
rule;
(b)
A synopsis of the proposed rule, amendment, or
rule to be rescinded or a general statement of the subject matter to which the
proposed rule, amendment, or rescission relates;
(c)
A
statement of the reason or purpose for adopting, amending or rescinding the
rule;
(d)
Public notice to be filed with the "Legislative
Service Commission" and the "Joint Commission on Agency Rule Review" on the
"Register of Ohio."
(3)
114.3
The state fire marshal shall be authorized to give
additional notice to such public hearing as the state fire marshal deems
necessary; however, the giving of such additional notice shall not be mandatory
and the failure to give notice by any means other than as specified in
paragraph (N)(2)( 114.2) of this rule shall not in any way invalidate any
action which may be taken by the state fire
marshal.
(O)
Section 115 Research reports and testing
laboratories
(1)
115.1
In those cases in which a product is proposed for use in
Ohio, but such product does not meet specific standards set by the "Ohio Fire
Code," the state fire marshal may require authenticated research reports from
conformity assessment bodies recognized by the board of building standards
pursuant to section 114 of the "Ohio Building Code" as listed in rule
1301:7-7-80
of the Administrative Code. If no applicable or appropriate conformity
assessment body is recognized by the board of building standards for the
product proposed for use in Ohio, the state fire marshal may require
authenticated research reports from approved authoritative sources to assist in
determining the acceptability of that product.
(2)
115.2
Authoritative sources recognized by the state fire marshal
for matters not within the scope of the building code as listed in rule
1301:7-7-80
of the Administrative Code, or as otherwise determined by the state fire
marshal, include but are not limited to:
(P)
Section 116 Flammability of consumer
goods
(1)
116.1 Unless otherwise provided by the Revised
Code, the federal standards of flammability for consumer goods are adopted and
incorporated in the state fire code as the minimum standards of flammability
for consumer goods in Ohio. If such federal standards change subsequent to the
effective date of this rule, only those rules or portions of those rules which
are identical to the federal standards shall remain in
effect.
(Q)
Section 117 Procedure in the event of
fire
(1)
117.1 Notification of fires in buildings.
In the event of an unfriendly fire (as defined in rule
1301:7-7-02 of the
Administrative Code) in any building regulated by the building code as listed
in rule
1301:7-7-80
of the Administrative Code, the responsible person (as defined in rule
1301:7-7-02 of the
Administrative Code) shall, in accordance with section
3737.63 of the Revised Code,
immediately and with all reasonable dispatch and diligence, call or otherwise
notify the fire department concerning the fire and shall spread an alarm
immediately to all occupants of the building.
(2)
117.2 Notification of fires at a premises.
In the event of an
unfriendly fire (as defined in rule
1301:7-7-02 of the
Administrative Code) at any premises, the responsible person (as defined in
rule
1301:7-7-02 of the
Administrative Code) shall immediately and with all reasonable dispatch and
diligence, call or otherwise notify the fire department concerning the fire and
shall spread an alarm immediately to all occupants of the
premises.
(3)
117.3 Reporting of fires.
Unfriendly fires shall be
reported to the fire department having jurisdiction. As described in paragraph
(D)(6)(c)(104.6.3) of this rule, the fire chief or other specified authority
shall make a report and forward a copy of said report to the state fire marshal
of such unfriendly fires. As required by section
3737.24 of the Revised Code, the
reporting official shall immediately notify the state fire marshal of the fire
being investigated in accordance with that paragraph, and within one week of
the occurrence of the fire shall furnish the state fire marshal with a written
statement of all facts relating to its cause and origin and such other
information as is required by forms provided by the state fire
marshal.
(R)
Section 118 Hotel and SRO facility
license
(1)
118.1 License to operate a hotel or SRO
facility.
For those
facilities defined as a hotel or SRO facility in section
3731.01 of the Revised Code, the
issuance of a license shall be contingent upon compliance with Chapter 3731. of
the Revised Code and rules adopted pursuant to section
3731.02 of the Revised
Code.
(a)
118.1.1.
As required by division (D) of section
3731.03 of the Revised Code, all
hotel and SRO licenses shall expire on the last day of December of each year.
All applications to renew a license to operate a hotel shall be submitted to
the state fire marshal in accordance with this
paragraph.
(b)
118.1.2.
If any owner, operator,
lessee, or responsible person in control of a hotel or SRO facility licensed
pursuant to Chapter 3731. of the Revised Code and this paragraph maintains or
operates a hotel or SRO facility where accommodations for assignation purposes
are furnished, or if any owner, operator, or responsible person in control of
such a hotel or SRO facility has been convicted of keeping a place in violation
of the law relating to houses of assignation or places of public nuisance the
owner, operator, or responsible person shall notify the state fire marshal of
the conviction or finding in writing by submitting a copy of the judgement
entry or other court termination or of the operation in writing by submitting
other documentation notifying the state fire marshal of the activity. The
notification to the state fire marshal shall be made within 60 days of the
activity, the conviction or the finding, or upon submission of a license
renewal application, whichever is earlier.
(2)
118.2 Definitions.
The following terms are defined in rule
1301:7-7-02 of the
Administrative Code. "Agricultural labor camp."
(3)
118.3 Hotel and SRO facilities.
(a)
118.3.1
"Hotel" does not include agricultural labor camps, apartment
houses, lodging houses, rooming houses, or hospital or college
dormitories.
(b)
118.3.2
A SRO facility shall
include, at a minimum, a sleeping area with adequate sleeping accommodations
for the guest such as a bed, bunk, cot or other furniture designed for
sleeping.
(c)
118.3.3
No person licensed to
maintain and operate a hotel or SRO facility shall also maintain and operate an
agricultural la bor camp, apartment house, lodging house, rooming house, or
hospital or college dormitory in the same structure as is located the licensed
hotel, unless the agricultural labor camp, apartment house, lodging house,
rooming house or hospital or college dormitory has been constructed as, and
been approved by the building official having jurisdiction over it as being a
separate building within the hotel structure in accordance with approved
building rated separation assemblies.
(i)
118.3.3.1 Upon initial
application for licensure or upon request of the state fire marshal, a hotel or
SRO facility seeking approval of separated uses as described in paragraph
(R)(3)(c)(118.3.2) of this rule, must submit to the state fire
marshal a valid certificate of occupancy that clearly indicates the separation
of such uses as issued by the building official having jurisdiction and any
other documentation requested by the state fire
marshal.
(ii)
118.3.3.2 The
state fire marshal shall not issue more than one hotel or SRO license for any
structure.
(d)
118.3.4
The most current license issued to a hotel or SRO facility
shall be kept in the office of such hotel or SRO facility and produced for
review when requested by the fire code official or displayed in a conspicuous
and public manner therein.
(e)
118.3.5
For purposes of determining compliance with administrative
licensure requirements, each hotel or SRO facility shall maintain on the
premises, a register or guest information records or written occupancy
agreement for a period of two years and provide such information upon request
of the state fire marshal or fire code official. The register, guest
information records or written occupancy agreements shall clearly indicate the
dates of arrival and departure for occupants in such
guestroom.
(f)
118.3.6
Each licensed hotel or
SRO facility shall maintain a responsible person on duty on the premises or
provide appropriate notification information posted in a conspicuous place
visible from the exterior.
(g)
118.3.7
Every hotel and SRO facility shall have proper plumbing,
lighting and ventilation installed and maintained in accordance with the
building code, plumbing code and mechanical code as listed in rule
1301:7-7-80
of the Administrative Code and this code.
(h)
118.3.8 The
responsible person for the hotel or SRO facility must safely and properly
maintain the building, structure, premises or lot at all times in accordance
with this code, other jurisdictional codes and ordinances and the International
Property Maintenance Code as listed in rule
1301:7-7-80
of the Administrative Code.
(i)
118.3.9 The
responsible person of a licensed hotel shall post in each guestroom the hotel
room rate indicating the maximum actual rate and include the maximum rate per
number of actual occupants.
(j)
118.3.10 The
responsible person or licensee of a hotel or SRO facility shall post the arson
laws, as set forth in sections
2909.02 and
2909.03 of the Revised Code, in
a conspicuous place in each guestroom, sleeping room, or dwelling unit in the
facility.
(k)
118.3.11 The
responsible person or licensee of a hotel or SRO facility shall post emergency
egress routes or escape routes in a conspicuous place in each guestroom,
sleeping room, or dwelling unit in the
facility.
(4)
118.4 Transient hotels.
(a)
118.4.1
The
requirements of this paragraph are specific to licensed transient hotels but
the responsible person and licensee of the licensed transient hotel is not
exempt from the requirements of paragraph
(R)(3)( 118.3) of this
rule.
(b)
118.4.2
No person licensed to
operate a transient hotel shall also maintain and operate an agricultural labor
camp, apartment house, lodging house, rooming house, or hospital or college
dormitory in the same structure as is located a licensed transient hotel,
unless the licensee complies with the requirements of paragraphs
(R)(3)(c)(118.3.3),
(R)(3)(c)(i)(118.3.3.1) and (R)(3)(c)(ii)(118.3.3.2)
of this rule.
(c)
118.4.3
The responsible person or licensee of a transient hotel
licensed pursuant to division
(A)(2)
of section 3731.01 of the Revised Code
shall not permit guests to stay in guestrooms or sleeping rooms for periods in
excess of thirty (30) days.
1.
Not more
than 40 per cent of the total transient guestrooms and sleeping rooms in the
facility are transient 270 day stay hotel rooms.
2.
The
designation of specific guestrooms or sleeping rooms on the license application
or change of status application as 270 day stay hotel rooms does not change to
another category or type during the annual hotel license
period.
3.
The responsible person or licensee of the
licensed transient hotel submits the list of 270 day stay hotel room numbers to
the state fire marshal not less than 30 days prior to the first day any guest
is allowed to stay in any 270 day stay hotel room.
4.
The
responsible person or licensee of the transient hotel designates each specific
270 day stay hotel room by room number.
5.
The
building official having jurisdiction and the state fire marshal have approved
the existing fire alarm system.
6.
270 day
stay hotel room guests do not accumulate combustible materials within the 270
day stay hotel rooms to the point that the hazard classification of the hotel
room would no longer be light hazard in the opinion of the fire code
official.
7.
No cooking devices except for those listed as
safe for residential use as the terms are defined in rule
1301:7-7-02 of the
Administrative Code are stored or used within the 270 day stay hotel
room.
8.
Smoke detectors, which shall be properly
installed in all guestrooms and sleeping rooms of a transient hotel that
provides 270 day stay hotel rooms to guests, annunciate at a constantly
attended location from which the structure's fire alarm system can be manually
activated.
9.
A means to manually activate the structure's
fire alarm system is provided at the constantly attended location where the
guestroom or sleeping room smoke detectors are
annunciated.
(5)
118.5 Extended stay hotels.
(a)
118.5.1
The requirements of this paragraph are specific to licensed
extended stay hotels but the responsible person and licensee of the licensed
extended stay hotel is not exempt from the requirements of paragraph
(R)(3)( 118.3) of this
rule.
(b)
118.5.2
No person licensed to
operate an extended stay hotel shall also maintain and operate an agricultural
labor camp, apartment house, lodging house, rooming house, or hospital or
college dormitory in the same structure as is located a licensed extended stay
hotel, unless the licensee complies with the requirements of paragraphs
(R)(3)(c)(118.3.3),
(R)(3)(c)(i)(118.3.3.1) and (R)(3)(c)(ii)(118.3.3.2)
of this rule.
(c)
118.5.3
No person shall operate an extended stay hotel as defined in
rule
1301:7-7-02 of the
Administrative Code without first obtaining a license from the state fire
marshal for the extended stay hotel licensure category pursuant to paragraph
(R)(1)( 118.1) of this
rule.
(d)
118.5.4
The responsible person or
licensee of the licensed extended stay hotel may permit stays of less than
thirty (30) days within dwelling units or other rooms within the structure only
if such dwelling units or rooms are specifically constructed and approved as
also being transient sleeping rooms.
(i)
118.5.4.1 The building
official having jurisdiction shall approve through a valid certificate of
occupancy and the state fire marshal shall approve any dwelling unit or other
room that is to be used for stays of less than thirty (30) days. This
certificate of occupancy shall indicate the specific rooms within the structure
that are approved for use as transient sleeping rooms.
(e)
118.5.5
The state fire marshal
shall not issue an extended stay hotel license for a facility and no person
shall operate a facility as an extended stay hotel as defined in (c)
118.5.3 No person shall operate an extended stay hotel as
defined in rule
1301:7-7-02 of the
Administrative Code without first obtaining a license from the state fire
marshal for the extended stay hotel licensure category pursuant to paragraph
(R)(1)( 118.1) of this rule. unless a valid certificate of
occupancy has been obtained for the facility.
(f)
118.5.6
Provisions for cooking, as approved by the building official
having jurisdiction, shall be provided in each dwelling unit and consist of a
space for food preparation, one cooking appliance, and a properly plumbed
kitchen sink separate from the bathroom lavatory.
(g)
118.5.7
Provisions for eating within the dwelling unit shall be
provided and shall consist of appropriate furnishings for the consumption of
food.
(h)
118.5.8
Provisions for living within the dwelling unit shall be
provided and shall consist of a bath area for personal hygiene that is
separated from other areas in the dwelling unit and is equipped with a properly
plumbed water closet, lavatory and tub/shower
(i)
118.5.9 Provisions for
sleeping within the dwelling unit shall be provided and, at a minimum, consist
of a sleeping area with adequate sleeping accommodations for each guest such as
a bed, bunk, cot or other furniture designed for sleeping and accompanying
bedding, mattress, box spring, pillow(s), sheets and pillow
cases.
(6)
118.6 Residential hotel.
(a)
118.6.1
The requirements of this paragraph are specific to licensed
residential hotels but the responsible person and licensee of the licensed
residential hotel is not exempt from the requirements of paragraph
(R)(3)( 118.3) of this
rule.
(b)
118.6.2
No person licensed to
operate a residential hotel shall also maintain and operate an agricultural
labor camp, apartment house, lodging house, rooming house, or hospital or
college dormitory in the same structure as is located a licensed residential
hotel, unless the licensee complies with the requirements of paragraphs
(R)(3)(c)(118.3.3),
(R)(3)(c)(i)(118.3.3.1) and (R)(3)(c)(ii)(118.3.3.2)
of this rule.
(c)
118.6.3
No person shall operate a residential hotel as defined in
rule
1301:7-7-02 of the
Administrative Code without first obtaining a license from the state fire
marshal for the residential hotel licensure category pursuant to paragraph
(R)(1)( 118.1) of this
rule.
(d)
118.6.4
Residential hotels shall
only be kept, used, maintained, advertised, and held out to the public for
minimum stays of more than thirty (30) days.
(e)
118.6.5
Responsible persons and licensees of licensed residential
hotels shall, upon request of the dwelling unit guest, provide furniture
adequate for living, eating, cooking, sanitation and sleeping within the
dwelling unit. Furniture or furnishings provided for sleeping and sanitation
shall include bed, blankets, sheets and pillow cases, towels and washcloths.
The residential hotel may charge appropriate additional fees for the provision
of any furniture or provisions pursuant to this
paragraph.
(7)
118.7 Licensure.
(a)
118.7.1
To obtain a new or renewal hotel or SRO facility license,
the applicant shall submit to the state fire marshal an application with the
appropriate fee payment as set forth in paragraph
(R)(7)(c)(118.7.3) of this rule. The application
shall be in a form as prescribed by the state fire marshal and shall include
all information required by Chapter 3731. of the Revised Code, by this
paragraph and by the state fire marshal.
(b)
118.7.2
Each applicant for a hotel facility license shall specify on
the application provided by the state fire marshal the appropriate licensure
category, indicating whether the facility is a transient hotel (including those
that contain transient 270 day stay hotel rooms), extended stay hotel, or a
residential hotel as those terms are defined in rule
1301:7-7-02 of the
Administrative Code.
(i)
118.7.2.1 Each
applicant for a transient hotel licensure category license shall provide
documentation accompanying the license application as prescribed by the state
fire marshal. Upon initial application or request of the state fire marshal,
such documentation shall include a valid certificate of occupancy demonstrating
approval of sleeping accommodations for transient guests for a period of thirty
days or less.
(a)
118.7.2.1.1 Each applicant for a transient
hotel facility license shall specify on the application provided by the state
fire marshal which rooms, meeting the requirements of section
3731.041 of the Revised Code, by
room number, are offered for a period of more than 30 days but less than 270
days.
(ii)
118.7.2.2 Each
applicant for an extended stay hotel licensure category license shall provide
documentation accompanying the license application as prescribed by the state
fire marshal. Upon initial application or request of the state fire marshal
such documentation shall include a valid certificate of occupancy demonstrating
that each unit the licensee intends to use as an extended stay guestroom has
been specifically approved as a dwelling unit or efficiency containing
provisions for living, eating, cooking, sanitation and sleeping.
(a)
118.7.2.2.1
Each
applicant for an extended stay hotel facility license shall specify on the
application provided by the state fire marshal which rooms, by room number, are
offered for occupancy for periods exceeding 30 days.
(b)
118.7.2.2.2.
The valid
certificate of occupancy shall list the specific rooms by room number that are
approved as dwelling units. In addition, the valid certificate of occupancy
shall demonstrate that the dwelling units have both of the following types of
features:
(i)
The required dwelling unit features for non-transient
residence purposes in accordance with the residential group R-2 use and
occupancy classification adopted by the board of building standards pursuant to
section 3781.10 of the Revised Code, or
any subsequent classification established by the board that is substantially
similar to that classification;
(ii)
All of
the transient residential occupancy features of a transient hotel in accordance
with the residential group R-1 use and occupancy classification adopted by the
board pursuant to that paragraph, or any subsequent classification established
by the board that is substantially similar to that
classification.
(iii)
118.7.2.3 Each
applicant for a SRO facility license shall complete the application provided by
the state fire marshal.
(a)
118.7.2.3.1 Upon initial
application or request of the state fire marshal, each applicant for an SRO
facility license shall provide a valid certificate of occupancy demonstrating a
use group classification for the SRO facility of R-2 as approved and issued by
the building official having jurisdiction. Any facility operating prior to
October 16, 1996, in the nature of a SRO facility, whether previously licensed
as a hotel or not, shall be permitted to provide documentation of a use group
classification of either R-1 or R-2 as approved and issued by the building
official having jurisdiction.
(b)
118.7.2.3.2 Each applicant for an SRO facility
license shall specify on the application provided by the state fire marshal
which rooms, by room number, are offered for occupancy for periods of 30 days
or less.
(iv)
118.7.2.4. Each
applicant for a residential hotel licensure category license shall provide
documentation accompanying the license application as prescribed by the state
fire marshal. Upon initial application or request of the state fire marshal
such documentation shall include a valid certificate of occupancy demonstrating
that each unit the licensee intends to use as a residential stay guestroom has
been specifically approved as a dwelling unit or efficiency containing
provisions for living, eating, cooking, sanitation and sleeping. In addition,
the certificate of occupancy shall demonstrate that the hotel has all of the
transient residential occupancy features of a transient hotel in accordance
with the residential group R-1 use and occupancy classification adopted by the
board of building standards pursuant to chapter 3781. of the Revised
Code.
(a)
118.7.2.4.1. Each
applicant for a residential hotel facility license shall specify on the
application provided by the state fire marshal which rooms, by room number, are
offered for occupancy for periods exceeding 30 days.
(v)
118.7.2.5. Transfer and information changes.
If the ownership of a hotel or SRO facility is
transferred from one person to another person, upon the sale or disposition of
the hotel or SRO facility or its removal to a new location, the new owner shall
request a transfer of the license from the state fire marshal. No license shall
be transferred without the consent of the state fire marshal. A completed
application as prescribed by the state fire marshal for transfer shall be
received by the state fire marshal no later than the earlier of the
following:
1.
The end of the calendar year in which the transfer occurred;
or
2.
90 days from the date of the transfer; or
3.
Upon submission of an application to renew a hotel
license.
(a)
118.7.2.5.1. If
the approval of the proposed transfer would be contrary to applicable law or
this code, the state fire marshal may refuse to permit a license already issued
to be transferred to a different owner or may refuse to grant any license to
operate a hotel or to permit a license already issued to be transferred.
Pursuant to and in accordance with Chapter 119. of the Revised Code, the
aggrieved party may request a hearing on the denial of transfer. Such hearing
shall be in accordance with Chapter 119. of the Revised
Code.
(c)
118.7.3 License fees.
(i)
118.7.3.1 License fees.
The initial licensure fee for a new hotel or SRO
facility shall be:
(a)
For all hotels or SRO facilities with exterior
corridor rooms only, two thousand dollars;
(b)
For all
hotels or SRO facilities with interior corridor rooms only, three thousand
dollars;
(c)
For all hotels or SRO facilities with exterior
or interior corridor rooms and places of assembly, such as restaurant, lounge,
banquet facility, etc., four thousand dollars.
(ii)
118.7.3.2 Renewal, reactivation and
re-application fees. On or before December first of
each year a renewal application as prescribed by the state fire marshal shall
be submitted with the appropriate renewal fee. The renewal fee for each hotel
or SRO facility license shall be a minimum of one hundred ten dollars or one
dollar per room, whichever is greater. Beginning with the renewal application
process for the licensing year commencing January 1, 2019, renewal applications
received after the last day of December of each year shall be made inactive and
require reactivation. The reactivation fee shall be three hundred dollars which
shall be paid in addition to the renewal fee. Beginning with the renewal
application process for the licensing year commencing January 1, 2019, renewal
applications received on or after March 1stshall be
considered a new application in accordance with paragraph
(R)(7)( 118.7) of this rule and shall pay fees in
accordance with paragraphs (R)(7)(c)(i)(118.7.3.1) to
(R)(7)(c)(i)(c)(118.7.3.1) of this rule. Hotel or SRO
facilities that fail to timely renew their licenses on or before December
31st, shall cease to operate as a hotel or SRO
facility until a valid license to operate is issued to the facility by the
state fire marshal.
(iii)
118.7.3.3 Change of license information.
Changes to license information shall require a
twenty-five-dollar fee.
(iv)
118.7.3.4 Transfer of license.
The fee for the transfer of a license shall be five
hundred dollars and a completed application for transfer shall be accompanied
by documentation evidencing the sale or transfer as required by the state fire
marshal. Any transfer application that is not received in a timely manner as
set forth in paragraph (R)(7)(b)(v)(118.7.2.5) of this rule
shall be accompanied by a late fee of two hundred and fifty dollars in addition
to the five-hundred-dollar transfer fee.
(v)
118.7.3.5 Adding newly constructed portions.
The fee shall be five hundred dollars for one to twenty
guestroom additions, one thousand dollars for more than twenty guestroom
additions, and fifteen hundred dollars for the addition of guestrooms and/or
places of assembly such as restaurants, lounges, banquet facilities, mercantile
or office space.
(vi)
118.7.3.6 Adding a previously licensed
portion. The fee shall be two hundred dollars for one
to twenty guestroom additions, four hundred dollars for more than twenty
guestroom additions, and five hundred dollars for the addition of guestrooms
and/or places of assembly such as restaurants, lounges, banquet facilities,
mercantile or office space.
(vii)
118.7.3.7 Duplicate license.
An application for a duplicate hotel or SRO license
shall be made in writing to the state fire marshal and shall be accompanied by
a ten-dollar fee.
(d)
118.7.4 Removal, transfer and licensing of a
portion of a facility.
(i)
118.7.4.1 If a
licensee seeks to remove or transfer a portion of a currently licensed hotel or
SRO facility, the licensee shall notify the state fire marshal in writing of
such portions of the licensed hotel or SRO facility premises that are to be
affected by the change to license information and pay the fee set forth in
paragraph (R)(7)(c)(iii)(118.7.3.3) of this
rule.
(ii)
118.7.4.2 To add
a previously licensed portion of a licensed premises to a current hotel or SRO
facility license, the licensee shall apply to the state fire marshal to change
the license information. Such application shall include documentation as
required by the state fire marshal including, but not limited to, a valid
certificate of occupancy in accordance with paragraphs
(R)(7)(b)(i)(118.7.2.1) to
(R)(7)(b)(iv)(a)(118.7.2.4.1) of this rule. This application
shall reflect the entire hotel or SRO facility.
(iii)
118.7.4.3 To add a
newly constructed portion that would change the total number of guestrooms,
sleeping rooms and/or dwelling units to an existing licensed hotel or SRO
facility, the licensee shall apply to the state fire marshal to change the
license information. Such application shall include documentation as requested
by the state fire marshal including, but not limited to, a valid certificate of
occupancy in accordance with paragraphs (R)(7)(b)(i)(118.7.2.1)
to (R)(7)(b)(iv)(a)(118.7.2.4.1) of this rule. This
application shall reflect the entire hotel or SRO
facility.
(iv)
118.7.4.4 The
state fire marshal shall not issue more than one hotel or SRO facility license
for a hotel or SRO facility or portion thereof as licensed under this
paragraph.
(e)
118.7.5 Compliance.
(i)
118.7.5.1 The owner, proprietor, or agent in
charge of any business or property or any business or property subject to
licensure in accordance with Chapter 3731. of the Revised Code shall comply
with the following:
(a)
118.7.5.1.1
No hotel or
SRO facility shall be maintained, conducted, or advertised without a
license.
(b)
118.7.5.1.2
No person
shall advertise, conduct, maintain or operate any structure as a hotel or as an
SRO facility, or any business or property meeting the definition of a hotel or
SRO facility, without a license.
(c)
118.7.5.1.3
No person
shall operate a structure subject to licensure in accordance with Chapter 3731.
of the Revised Code that is not equipped in the manner and conditions as
required under Chapter 3731. of the Revised Code, this paragraph or the state
fire code adopted pursuant to section
3737.82 of the Revised
Code.
(d)
118.7.5.1.4
No person shall advertise, conduct, maintain, or operate a
licensed hotel or licensed SRO facility in a manner that is inconsistent with
the requirements of Chapter 3731. of the Revised Code, this paragraph or the
state fire code adopted pursuant to section
3737.82 of the Revised
Code.
(e)
118.7.5.1.5
No person shall fail or refuse to comply with sections
3731.01 to
3731.21 of the Revised Code,
this paragraph or the state fire code adopted pursuant to section
3737.82 of the Revised
Code.
(f)
118.7.5.1.6
Each day of violation of paragraphs
(R)(7)(e)(i)(a)(118.7.5.1.1) to
(R)(7)(e)(i)(e)(118.7.5.1.5) of this rule constitutes a
separate offense.
(ii)
118.7.5.2 Inspection.
The state fire marshal may inspect any business or
property subject to Chapter 3731. of the Revised Code at any reasonable time.
Such inspections may be conducted, upon a complaint received by the state fire
marshal, for licensure purposes or for any other reason, to determine if a
business or property is in compliance with Chapter 3731. of the Revised Code,
this paragraph or any other applicable laws, rules or
regulations.
(iii)
118.7.5.3 Notice of violation.
Whenever, upon inspection, it is found that a business
or property is not being conducted, or is not equipped in the manner and
condition required by Chapter 3731. of the Revised Code, this paragraph, or the
state fire code adopted pursuant to section
3737.82 of the Revised Code, the
state fire marshal shall notify the owner, proprietor, or agent in charge of
such business, or the owner or agent of the building so occupied, of such
violations and of any changes or alterations as may be necessary to effect
complete compliance with sections
3731.01 to
3731.21 of the Revised Code,
this paragraph or the state fire code adopted pursuant to section
3737.82 of the Revised
Code.
(iv)
118.7.5.4 Compliance.
The owner, proprietor, or agent in charge of any
business or property receiving a notice of violation in accordance with
paragraph (R)(7)(e)(iii)(118.7.5.3) of this rule shall bring the business or
property into compliance with the requirements of Chapter 3731. of the Revised
Code, this paragraph or the state fire code adopted pursuant to section
3737.82 of the Revised Code
within a reasonable time set by the state fire
marshal.
(v)
118.7.5.5 Methods of enforcement.
If an owner, proprietor, or agent in charge of any business or property
receiving a notice of violation in accordance with paragraph
(R)(7)(e)(iii)(118.7.5.3) of this rule does not bring the business or property
into compliance with the requirements of Chapter 3731. of the Revised Code,
this paragraph or the state fire code adopted pursuant to section
3737.82 of the Revised Code
within a reasonable time set by the state fire marshal, the state fire marshal
may take any enforcement actions permitted by law including, but not limited
to, issuance of a notice of opportunity for hearing to deny, suspend or revoke
licensure, issuance of a citation pursuant to section
3737.41 and/or
3737.42 of the Revised Code,
injunctive relief pursuant to sections
3731.05,
3731.21 and
3737.44 to
3737.46 of the Revised Code
and/or criminal prosecution pursuant to sections
3731.03,
3731.05 and
3731.99 of the Revised
Code.
(a)
118.7.5.5.1 Nothing in this paragraph shall be
construed to limit the authority of the state fire marshal to take any action
permitted under sections
3737.41 to
3737.51 of the Revised Code
against a hotel or SRO facility in addition to or instead of taking action
against the hotel or SRO facility, or the license issued to the hotel or SRO
facility under Chapter 3731. of the Revised Code or this
rule.
(vi)
118.7.5.6 For any
denial, revocation or suspension of licensure actions taken by the state fire
marshal, such actions shall be taken in accordance with applicable law,
including Chapter 119. of the Revised Code and sections
3731.05 and
3731.06 of the Revised
Code.
(f)
118.7.6 Licensure
limitations.
(i)
118.7.6.1 Each
applicant for a hotel or SRO facility license shall specify on the application
provided by the state fire marshal which rooms are offered for occupancy for a
period of thirty days or less and which rooms are offered for occupancy for a
period of 270 days or less.
(8)
118.8 "Ohio Safe Stay Hotel" designation.
There is hereby created within the state of Ohio the
"Safe Stay Hotel" designation. The "Ohio Safe Stay Hotel" program is designed
to incentivize and encourage hotel owners and operators within the state of
Ohio to work with the state fire marshal to establish and maintain compliance
with applicable provisions of this paragraph, the Administrative Code, and the
sanitary compliance standards set forth in Chapter 3731. of the Revised Code.
The purpose of this designation is to provide to the citizens of and visitors
to the state of Ohio information regarding what hotel facilities within the
state of Ohio are operating within those applicable standards and in
conformance with the criteria set forth herein.
(a)
118.8.1 Scope.
The provisions of this paragraph govern the implementation
of the "Ohio Safe Stay Hotel" program and set forth the requirements and
criteria for participation in the program.
(b)
118.8.2 Terms used for paragraph
(R)(8)( 118.8) of this rule.
The following words take
on exclusive meaning as used in paragraph
(R)(8)( 118.8) of this rule and for the purposes of
this paragraph have the following meaning:
(c)
118.8.3 Qualifications for "Ohio Safe
Stay Hotel" designation.
In order to be designated as an "Ohio Safe Stay Hotel" by
the state fire marshal, a hotel must meet all of the following:
(i)
The hotel
must have been issued a valid license to operate a hotel by the state fire
marshal for the applicable calendar year; and
(ii)
The
state fire marshal must receive from a hotel a hotel license renewal
application to operate a hotel in a timely manner and the application shall
contain true and accurate information; and
(a)
For the
purposes of qualifying for an "Ohio Safe Stay Hotel" designation, a hotel
license renewal application is considered timely if the application, all
required paperwork, and all associated fees are received by the division of
state fire marshal on or before October 1 of each calendar year. The state fire
marshal may change or extend this deadline in the state fire marshal's sole
discretion. Notice of any change or extension of the deadline for timely
submission of a hotel license renewal application shall be given as set forth
in paragraph
(R)(8)(i)(118.8.9)
of this rule.
(iii)
The
hotel must not be in violation of any provision of this code, paragraph
(R)(118) of this rule, or of the
sanitary compliance standards set forth in Chapter 3731. of the Revised Code or
any rules adopted pursuant thereto; and
(iv)
No finding of nuisance shall have been issued
by a court of competent jurisdiction against the hotel, hotel owner, operator,
or responsible person, or against the property upon which the hotel is located;
and
(v)
No finding of or conviction for lewdness, assignation or
prostitution, or an offense which constitutes a felony violation of Chapter
2925. or Chapter 3719. of the Revised Code shall have been entered by a court
of competent jurisdiction against any hotel owner, operator, or responsible
person, wherein the offense or conviction relate to conduct that occurred at
any structure licensed under, subject to the licensure requirements of or
previously licensed under Chapter 3731. of the Revised Code;
and
(vi)
No finding of or conviction for lewdness,
assignation or prostitution, or an offense which constitutes a felony violation
of Chapter 2925. or Chapter 3719. of the Revised Code shall have been entered
by a court of competent jurisdiction against any person wherein the conduct
that is the basis for such finding or conviction was engaged in on the premises
of the hotel seeking a designation under this section and it is demonstrated
that the hotel owner, operator or responsible person knew or should have known
of such conduct prior to its occurrence.
(d)
118.8.4 "Ohio Safe Stay Hotel" designation.
Commencing with the licensure period after the
effective date of this rule and upon submission of an application to renew a
license to operate a hotel, the state fire marshal may designate the hotel as
an "Ohio Safe Stay Hotel" if both of the following are met:
(i)
The hotel
is in compliance with the qualifications set forth in paragraphs
(R)(8)(c)(i)(118.8.3) to (R)(8)(c)(iii)(118.8.3)
of this rule for a period of twenty-four consecutive months immediately
preceding the licensure period to which the application applies;
and
(ii)
The hotel is in compliance with the
qualifications set forth in paragraphs (R)(8)(c)(iv)(118.8.3)
to (R)(8)(c)(vi)(118.8.3) of this rule for a period of
sixty consecutive months preceding the licensure period to which the
application applies.
(e)
118.8.5 Documentation.
Each qualifying "Ohio Safe Stay Hotel" shall receive
documentation from the state fire marshal verifying that the hotel is an "Ohio
Safe Stay Hotel." Such documented designation shall be in a format that is
capable of display by the hotel and that is uniform and readily identifiable to
the public.
(f)
118.8.6 Publication.
The state fire marshal
shall create and maintain a current registry of all licensed hotels in the
state of Ohio that have been designated as an "Ohio Safe Stay Hotel." The list
shall be readily available to the public and shall be published in electronic
format on the division's website.
(g)
118.8.7 Use of qualifying "Ohio Safe Stay Hotel"
designation.
Any hotel
that is designated as an "Ohio Safe Stay Hotel" may represent itself as such in
any publication or marketing tools used by the hotel for promotion and may
utilize the logo, decal, or designation issued to it by the state fire marshal
for such purposes. Such logo, decal, or designation may be reproduced by the
hotel for use under this rule at any time during which the hotel is designated
as an "Ohio Safe Stay Hotel" as determined by the state fire marshal. The logo,
decal or designation may be used and reproduced by the facility for marketing,
promotional, or other similar purposes in digital, print or other media
formats, including hardcopy reproduction for use in literature or promotional
materials and display in the licensed facility, and electronic reproduction for
use in digital marketing campaigns.
(i)
No person
or entity shall use the "Ohio Safe Stay Hotel" logo, decal, or designation
unless and until such logo, decal, or designation is issued to it by the state
fire marshal. Any hotel that has previously been issued an "Ohio Safe Stay
Hotel" logo, decal, or designation shall immediately cease the use of the logo,
decal, or designation if such logo, decal or designation has been revoked or
not renewed by the state fire marshal. No person or entity shall misuse the
logo, decal, or designation or misrepresent to the public that a hotel is or
has been designated by the state fire marshal as an "Ohio Safe Stay
Hotel."
(h)
118.8.8 Revocation or non-renewal of
designation. The state fire marshal may revoke or deny
renewal of the designation of a hotel as an "Ohio Safe Stay Hotel" in the event
of any of the following:
(i)
Upon a determination by the state fire marshal
that the hotel is not in compliance with any of the provisions of paragraph
(R)(8)(c)(118.8.3) or
(R)(8)(d)(118.8.4) of this rule; or
(ii)
An
alteration or modification of the hotel that is not approved and/or permitted
in conformance with the provisions of this rule and/or the building code as
listed in rule
1301:7-7-80
of the Administrative Code; or
(iii)
Misuse
of the "Ohio Safe Stay Hotel" logo, decal, or designation or misrepresentation
of a hotel as a designated "Ohio Safe Stay Hotel" at any time within sixty
consecutive months immediately preceding the licensure period during which the
state fire marshal becomes aware of the misuse or
misrepresentation.
(i)
118.8.9 Notification.
The state fire marshal shall publish on its website a
written policy describing how affected persons or entities shall be notified of
any revocations or non-renewals of any designations under paragraph
(R)(8)(h)(118.8.8) of this rule and any extensions of
application deadlines described in paragraph (R)(8)(c)(ii)(a)(118.8.3)
of this rule. A facility having its designation revoked or not renewed
or facilities affected by a deadline extension shall be provided notice of such
actions per the policy published on the division's
website.
(j)
118.8.10 Effective date.
The provisions of this paragraph shall become effective
September 1, 2015.
(S)
Section 119 Small government fire department
services revolving loan program
(1)
119.1.
The following terms are defined in rule
1301:7-7-02 of the
Administrative Code:
(a)
"Qualifying small
government"
(b)
"Fire district"
(c)
"Joint fire district"
(d)
"State fire marshal"
(e)
"Joint fire and ambulance
district"
(f)
"Loan"
(2)
119.2
Qualifications.
(a)
Only a qualifying small government that
currently operates a fire department organized under section
505.37,
505.371,
737.21 or
505.375 of the Revised Code or a
qualifying small government that is a township or municipality that has adopted
a resolution or ordinance authorizing the creation of a fire department, fire
district, joint fire district or joint fire and ambulance district under one of
these sections is eligible to receive a loan.
(b)
In order
for a fire department operated by a small government to receive a loan under
this rule, the fire department must be reporting fires to the state fire
marshal as required by section
3737.24 of the Revised Code and
this rule.
(3)
119.3 Applications filing.
(a)
Applications for a loan shall be made only on forms provided
by the state fire marshal.
(b)
Only
applications that are post marked on or before the application deadline
established by the state fire marshal and have been delivered to the state fire
marshal's office within seven days of that deadline will be considered by the
state fire marshal.
(4)
119.4 Applications-content.
In its applications the
qualifying small government shall:
(a)
Explain
how it qualifies for the loan.
(b)
Describe
how the loan will be used including the total cost of the project and the
amount of money the qualifying small government is proposing to contribute to
the total cost of the project
(c)
Describe
the benefits to its citizens the loan will provide that are not currently
available to them.
(d)
Describe
why the small government is not able to provide this service through the use of
its own funds.
(e)
Provide information concerning the total income
available from all sources to provide fire and/or fire and ambulance
service.
(f)
Provide information concerning the assets and
liabilities of the qualifying small government that are intended in whole or in
part to provide fire or fire and ambulance service.
(g)
Provide
such other information as may be called for in the application form provided by
the state fire marshal.
(5)
119.5 Requirements for buildings constructed or equipment
purchased.
(a)
All building constructions, additions and
alterations completed with funds provided by a loan shall meet all minimum
requirements of division-level 4101:1, 4101:2 and 4101:3 of the Administrative
Code.
(b)
Any fire apparatus purchased with funds from a
loan shall meet the requirements of Chapter 4121:1-21 of the Administrative
Code.
(c)
The fee title to any real property purchased or
on which a structure is constructed in any part with a loan under this rule
shall list the "State of Ohio, Department of Commerce, Division of State Fire
Marshal" as the mortgage holder until such time as the loan obligation is
satisfied.
(d)
The title to any vehicle purchased in part with
a loan under this rule shall list the "State of Ohio, Department of Commerce,
Division of State Fire Marshal" as the lien holder until such time as the loan
obligation is satisfied.
(e)
Any fire
apparatus or vehicle purchased in part under this rule shall have a repayment
period not to exceed ten years.
(6)
119.6
At the discretion of the state fire marshal a qualifying
small government may apply for and be granted a loan at any time regardless of
established application periods and deadlines if all of the following
apply:
(a)
The qualifying small government had a local emergency or
disaster or is included in an area where a disaster has been declared by the
governor.
(b)
The events of the local emergency or disaster
have damaged or destroyed vehicles, buildings or equipment necessary to provide
fire or fire and ambulance services.
(c)
The
qualifying small government has made application for any federal, state and
private insurance reimbursement as may be available as a result of the
disaster.
(d)
The loan fund has necessary moneys to provide
the loan.
(7)
119.7 Award of loans.
The awarding of all loans shall be at the sole discretion of
the state fire marshal.
(a)
Upon determining which small governments shall
receive a loan, the state fire marshal shall notify the qualifying small
government in writing of his intent to grant the loan and of the terms and
conditions of the loan.
(b)
Promptly
after receiving notification that the state fire marshal intends to grant a
loan to the qualifying small government, the qualifying small government must
adopt a resolution or ordinance which shall:
(i)
Authorize
the small government to accept the loan;
(ii)
Agree to
conditions of the loan as stipulated by the state fire marshal including the
authority to execute any documents necessary to grant or secure the
loan.
(c)
Within forty-five days of receipt of the notice
of the state fire marshal's intent to award the loan the qualifying small
government shall forward a copy of the resolution or ordinance to the state
fire marshal.
(d)
Upon receipt of the resolution or ordinance the
state fire marshal shall establish a line of credit from the loan fund in the
name of the qualifying small government.
(e)
Within
one hundred twenty days of the date the notice of intent to award the loan was
received, the qualifying small government shall provide to the state fire
marshal a properly executed contract or purchase agreement for the
construction, addition or alteration of the building or purchase of the vehicle
or equipment described in the original loan
application.
(f)
Upon determination that the contract or
purchase agreement is for substantially the same project as described in the
original loan application, the loan funds will be released to the qualifying
small government according to the terms of the loan
agreement.
(8)
119.8 Repayment.
(a)
A
repayment or amortization schedule shall be established as part of the loan
agreement. In establishing the repayment schedule, the state fire marshal shall
consider the ability of the small government to repay the loan and the need to
maintain a sufficient balance in the loan fund to insure it's continued
operation.
(b)
The repayment or amortization schedule shall
not extend beyond twenty years.
(T)
Section 120 Fire department
grants
(1)
120.1 Definitions.
The following terms are
defined in rule
1301:7-7-02 of the
Administrative Code:
(2)
120.2 Scope.
This rule applies to "Fire Department Grant" funds
specifically appropriated by the General Assembly to the state fire marshal for
award and distribution to eligible recipients for the provision of firefighting
or rescue equipment, gear or similar items to the recipient, as full or partial
reimbursement for the documented costs of firefighter training for, or
sponsored by, an eligible recipient or, in the discretion of the state fire
marshal, for other fire department needs related to the provision of fire
protection services within that eligible recipient's
jurisdiction.
(3)
120.3 Eligibility.
Eligible recipients for grants awarded under this rule
are:
(a)
A volunteer fire department;
(b)
A fire
department that serves one or more small municipalities or small
townships;
(c)
A joint fire district comprised of departments
that primarily serves small municipalities or small
townships;
(d)
The local unit of government responsible for:
(i)
A fire department;
(ii)
A fire
department that serves small municipalities or small townships;
or
(iii)
A portion of a joint fire district comprised of
volunteer departments that primarily serves small municipalities or small
townships; and
(e)
The local
unit of government responsible for the provision of fire protection services
for a small municipality or small township.
(f)
For the
purpose of these grants, a private fire company, as that phrase is defined in
section 9.60 of the Revised Code, that
is providing fire protection services under contract for a political
subdivision of this state, is an additional recipient for a training
grant.
(4)
120.4 General terms and
conditions.
(a)
Funds provided by a grant under this rule shall
only be used for purposes for which the eligible recipient may lawfully expend
public funds and in accordance with the terms of the grant award and this
code.
(b)
An eligible recipient may receive up to $15,000
in a fiscal year from this grant for firefighting or rescue equipment gear or
similar items or for other fire department needs related to the provision of
fire protection services. If during the preceding or current fiscal year of the
grant award, the eligible recipient is in a jurisdiction that has had a natural
disaster as declared by the Governor, the recipient may receive up to $25,000
in a fiscal year from this grant for firefighting or rescue equipment, gear or
similar items or for other fire department needs related to the provision of
fire protection services. In addition to any other funds awarded under this
grant, an eligible recipient may receive up to $15,000 in a fiscal year from
this grant as full or partial reimbursement for the documented costs of
firefighter training.
(c)
For each
fiscal year, the state fire marshal shall, as the state fire marshal determines
is appropriate, apportion the available grant funds for expenditure for any of
the particular purposes allowed under this paragraph. Each eligible recipient
may receive only one grant for each state fiscal year for which funds are made
available by the Ohio General Assembly, but such a grant may be awarded by the
state fire marshal in multiple parts, including for the purposes described in
paragraphs
(T)(6)(a)(i)(120.6.1.1)
to (T)(6)(a)(ii)(120.6.1.2) of this rule, to an
eligible recipient during a state fiscal year.
(d)
The
awarding of all grants shall be at the sole discretion of the state fire
marshal.
(e)
All grants awarded are subject to the
availability of funds.
(f)
The state
fire marshal may require repayment to the state of Ohio any or all of a grant
should an eligible recipient fail, after a reasonable time, to expend all or
any part of its grant.
(g)
Should
the eligible recipient expend any portion of or the entire grant for any
purpose other than that which was approved by the state fire marshal, the state
fire marshal may require repayment of that amount to the state of
Ohio.
(h)
The state fire marshal may audit any awarded
grant and may also require an eligible recipient receiving a grant to provide
evidence that the grant has been used for the intended purpose and maintain
such inventory or other records concerning purchases made with the grant as the
state fire marshal deems necessary.
(i)
To offset
the cost of administering grants under this rule, the state fire marshal may
retain in the state fire marshal's operating account an amount of money equal
to not more than one and one half per cent of the total funds available under
this rule.
(j)
The state fire marshal shall not award a grant
under this paragraph unless the eligible recipient is in compliance with the
provisions of this rule and other applicable laws, rules and regulations. This
includes compliance with fire department fire incident reporting requirements
and participation, when required, in the volunteer firefighters' dependents
fund described in Chapter 146. of the Revised Code.
(k)
Joint
applications for grants by eligible recipients are authorized in accordance
with the biannual uncodified legislation establishing these state fire marshal
grant program policies.
(5)
120.5 Application.
(a)
All
applications for any grants awarded under this rule shall be made on a form
prescribed by the state fire marshal and include all of the information and
documents required by the state fire marshal. Any application that fails to
provide the requested information shall be deemed incomplete and not considered
by the state fire marshal for an award of a grant under this
rule.
(b)
Applicants for a grant shall certify on the
application form that the applicant is eligible to receive a grant under this
rule. The form shall be signed by the chief of the fire department or chief
executive official(s) of the local government entity applying for the
grant.
(6)
120.6 Award of grant funds.
Grants awarded under this
rule are divided into two parts: equipment and training grants.
(a)
120.6.1 In determining
which eligible recipients will receive awards, the state fire marshal shall
consider:
1.
The population protected by the eligible
recipient;
2.
The size of the area for which the eligible
recipient provides fire protection;
3.
The
operating budget of the eligible recipient from both public and private
sources;
4.
The intended use of the grant funds by the
eligible recipient;
5.
The number
of fires occurring within the area protected by the eligible recipient as
evidenced by reports filed with the state fire marshal under section
3737.24 of the Revised
Code;
6.
The amount of money being requested by the
eligible recipient; and
7.
Additional
factors which the state fire marshal determines necessary to assist in
determining which eligible recipient should receive a grant.
(i)
120.6.1.1 Equipment grants.
The state fire marshal may award equipment grants to
eligible recipients under this rule for any of the following
purposes:
1.
The acquisition of firefighting or rescue equipment, gear or
similar items; or
2.
For other fire department needs related to the
provision of fire protection services.
(a)
120.6.1.1.1. As periodically authorized
by the General Assembly, MARCS grant awards may be up to $50,000 in each state
fiscal year per eligible recipient. Each eligible recipient may only apply, as
a separate entity or as a part of a joint application, for one MARCS grant per
state fiscal year. The state fire marshal may give a preference in awarding
MARCS grants to grants that will enhance the overall interoperability and
effectiveness of emergency communication networks in the geographic region that
includes and is adjacent to the applicant. Eligible recipients that are or were
awarded fire department grants that are not MARCS grants may also apply for and
receive MARCS grants in accordance with criteria for the awarding of grant
funds established by the state fire marshal. Grants may be used for the payment
of user access fees by the eligible recipient to access
MARCS.
(ii)
120.6.1.2 Training
grants.
(a)
The state fire marshal may award training
grants to eligible recipients under this rule for any of the following
purposes:
(i)
Reimbursement of the costs of certified firefighter training
programs for individual firefighters, including instructional and
administrative costs and the cost of training manuals, workbooks and other
similar items.
(ii)
Reimbursement of the cost of in service or
advanced training courses provided by the Ohio fire academy, including, "Fire
Officer 1," "Fire Officer 2," "Emergency Vehicle Operations," "Structural Fire
Attack 101," "Training in Acquired Structures" and "Understanding Fire
Behavior."
(b)
The state
fire marshal shall, for each fiscal year, set forth the specific trainings and
classes for which grants can be awarded under this paragraph, the maximum grant
amounts to be awarded for such classes and types of documentation to be
submitted to verify eligibility for reimbursement.
(c)
Expenses
for travel, food and lodging are not eligible for reimbursement under this
paragraph.
(U)
Section 121 Special provisions
(1)
121.1 Child daycare centers and Type A family day-care
homes.
(a)
121.1.1 Minimum standards for fire
prevention and safety.
Pursuant to sections
3737.83(E) and
5104.05 of the Revised Code,
this code shall constitute the minimum standards for fire prevention and fire
safety in child day-care centers and in Type A family day-care
homes.
(b)
121.1.2 Annual Inspection.
Pursuant to section
5104.05 of the Revised Code, the
state fire marshal or the fire chief or fire prevention officer of the
municipal corporation or township in which the child day-care center or the
type A family day-care home is located shall inspect the type A home prior to
initial occupancy as a Type A daycare home and annually thereafter to determine
if the type A home is in compliance with rules promulgated by the fire marshal
pursuant to section 3737.83 of the Revised Code
regarding fire prevention and fire safety in a type A home.
(i)
121.1.2.1 Inspection authority.
Pursuant to section
5104.051 of the Revised Code,
the state fire marshal is responsible for the inspections required by divisions
(A)(2) and (B)(1) of section
5104.05 of the Revised Code. In
municipal corporations and in townships outside municipal corporations where
there is a fire prevention official, the inspections shall be made by the fire
chief or the fire prevention official under the supervision of and according to
the standards established by the state fire marshal. In townships outside
municipal corporations where there is no fire prevention official, inspections
shall be made by the employees of the state fire
marshal.
(ii)
121.1.2.2 Conflicting interpretations of
fire safety statutes or rules. Pursuant to section
5104.051 of the Revised Code,
the state fire marshal shall enforce all statutes and rules pertaining to fire
safety and fire prevention in child day-care centers and type A family day-care
homes. In the event of a dispute between the state fire marshal and any other
responsible officer under sections
5104.05 and
5104.051 of the Revised Code
with respect to the interpretation or application of a specific fire safety
statute or rule, the interpretation of the state fire marshal shall
prevail.
(c)
121.1.3 Applicability of this code.
To the extent that a Type A family day-care home is
exempt from classification in a specific occupancy classification in the
building code as listed in 1301:7-7-80 of the Administrative Code, the
structure housing the Type A family day-care home is exempt from compliance
with the construction and design provisions of this code, except as described
in this paragraph, for such occupancy classifications unless such locations
constitute a distinct hazard. All operational and maintenance provisions of
this code shall apply to all Type A family day-care homes.
(i)
121.1.3.1 Compliance with this code.
Prior to and during the occupancy of a structure as a
Type A family day-care home, such home shall comply with the Type A checklist
listed in Appendix A to this rule. All Ohio Fire Code sections listed or
incorporated into that checklist shall apply to all Type A family day-care
homes and such sections may be used as the basis for all fire code enforcement
actions permitted under this code. It shall be a violation of this code to
occupy or permit occupancy of a Type A daycare in violation of this paragraph,
the Type A checklist and its incorporated fire code provisions or the
operational and maintenance provisions of this code.
(2)
121.2 Type B family daycares.
(a)
121.2.1 Inspection.
The fire marshal, upon request of a provider of child care
in a type B home that is not licensed by the director of the department of job
and family services, as a precondition of approval by the state board of
education under section
3313.813 of the Revised Code for
receipt of United States department of agriculture child and adult care food
program funds established under the "National School Lunch Act," 60 Stat. 230
(1946),
42 U.S.C.
1751, as amended, shall inspect the type B
home to determine compliance with rules adopted under section
5104.052 of the Revised Code
regarding fire prevention and fire safety in licensed type B homes. Prior to
and during the occupancy of a structure as a Type B home subject to this
paragraph, the home shall be inspected by the state fire marshal, and annually
thereafter, to determine compliance with this code.
(i)
121.2.1.1 Inspection authority.
In municipal corporations and in townships where there
is a certified fire safety inspector, the inspections shall be made by that
inspector under the supervision of the fire marshal, according to rules adopted
under section 5104.052 of the Revised Code. In
townships outside municipal corporations where there is no certified fire
safety inspector, inspections shall be made by the fire
marshal.
(b)
121.2.2 Applicability of this code.
To the extent that a Type
B family day-care home is exempt from classification in a specific occupancy
classification in the building code as listed in 1301:7-7-80 of the
administrative code, the structure housing the Type B family day-care home is
exempt from compliance with the construction and design provisions of this
code, except as described in this paragraph, for such occupancy classifications
unless such locations constitute a distinct hazard. All operational and
maintenance provisions of this code shall apply to all Type B family day-care
homes.
(i)
121.2.2.1 Compliance with this code.
Prior to and during the occupancy of a structure as a
Type B family day-care home, such home shall comply with the Type B checklist
listed in Appendix B to this rule. All Ohio Fire Code sections listed or
incorporated into that checklist shall apply to all Type B family day-care
homes and such sections may be used as the basis for all fire code enforcement
actions permitted under this code. It shall be violation of this code to occupy
or permit occupancy of a Type B daycare in violation of this paragraph, the
Type B checklist and its incorporated fire code provisions or the operational
and maintenance provisions of this code.
(3)
121.3
Residential facilities.
(a)
121.3.1 Minimum standards for fire prevention and safety.
Pursuant to section
3737.83(F) of
the Revised Code, the state fire marshal shall establish minimum standards for
fire prevention and safety in a residential facility licensed under section
5119.34 of the Revised Code that
provides accommodations, supervision, and personal care services for three to
sixteen unrelated adults. The fire marshal shall adopt such rules in
consultation with the director of the department of mental health and addiction
services and interested parties designated by the director of the department of
mental health and addiction services.
(b)
121.3.2 Applicability.
This code shall apply to residential
facilities.
(i)
121.3.2.1 Residential facility.
A residential facility is a facility that is licensed
under section 5119.34 of the Revised Code that
provides accommodations, supervision, and personal care services for three to
sixteen unrelated adults.
(4)
121.4 Homes, including nursing homes, residential care
facilities, homes for the aging, and veterans' homes.
(a)
121.4.1 Enforcement and resolution of conflict.
Pursuant to section
3721.032 of the Revised Code,
the state fire marshal shall enforce all statutes and rules pertaining to fire
safety in homes and shall adopt rules pertaining to fire safety in homes as the
marshal determines necessary. The rules adopted by the marshal shall be in
addition to those fire safety rules that the board of building standards and
the director of health are empowered to adopt. In the event of a dispute
between the marshal and another officer having responsibilities under sections
3721.01 to
3721.09 of the Revised Code with
respect to the interpretation or application of a specific fire safety statute
or rule, the interpretation of the marshal shall prevail.
(i)
121.4.1.1 Homes. As
used in paragraph (U)(4)(121.4) of this rule, "Home" shall have the same
meaning and application as described in Chapter 3721. of the Revised Code,
including section 3721.01(A) of
the Revised Code.
(b)
121.4.2 Inspection.
Pursuant to section
3721.02 of the Revised Code, the
state fire marshal or a township, municipal, or other legally constituted fire
department approved by the marshal shall also inspect a home prior to issuance
of a license, at least once every fifteen months thereafter, and at any other
time requested by the director of health.
(i)
121.4.2.1 Residential care facilities.
Pursuant to section
3721.07 of the Revised Code,
every person desiring to operate a home and the superintendent or administrator
of each county home or district home for which a license as a residential care
facility is sought shall apply for a license to the director of health. In
accordance with section
3721.07 of the Revised Code the
director of health may issue a license for the home, if after investigation of
the applicant and, if required by section
3721.02 of the Revised Code,
inspection of the home, the buildings in which the home is housed have been
approved by the state fire marshal or a township, municipal, or other legally
constituted fire department approved by the marshal. In the approval of a home
such agencies shall apply standards prescribed by the board of building
standards, and by the state fire marshal, and by section
3721.071 of the Revised
Code.
(c)
121.4.3 Automatic fire extinguishing and
fire alarm systems.
Pursuant to section
3721.071 of the Revised Code,
homes must be equipped with both automatic fire extinguishing and fire alarm
systems. Such systems shall conform to standards set forth in the regulations
of the board of building standards and the state fire marshal.
(i)
121.4.3.1 Time for compliance.
The time for compliance with the requirements imposed
by this section shall be January 1, 1975, except that the date for compliance
with the automatic fire extinguishing requirements is extended to January 1,
1976, provided the buildings of the home are otherwise in compliance with fire
safety laws and regulations and:
(a)
The home
within thirty days after August 4, 1975, files a written plan with the state
fire marshal's office that:
(i)
Outlines the interim safety procedures which
shall be carried out to reduce the possibility of a
fire;
(ii)
Provides evidence that the home has entered
into an agreement for a fire safety inspection to be conducted not less than
monthly by a qualified independent safety engineer consultant or a township,
municipal, or other legally constituted fire department, or by a township or
municipal fire prevention officer;
(iii)
Provides verification that the home has entered into a valid
contract for the installation of an automatic fire extinguishing system or fire
alarm system, or both, as required to comply with this
section;
(iv)
Includes a statement regarding the expected
date for the completion of the fire extinguishing system or fire alarm system,
or both.
(b)
Inspections by a qualified independent safety engineer
consultant or a township, municipal, or other legally constituted fire
department, or by a township or municipal fire prevention officer are initiated
no later than sixty days after August 4, 1975, and are conducted no less than
monthly thereafter, and reports of the consultant, fire department, or fire
prevention officer identifying existing hazards and recommended corrective
actions are submitted to the state fire marshal, the division of industrial
compliance in the department of commerce, and the department of
health.
(d)
121.4.4 Applicability of this code.
This code shall apply to all
homes.
(5)
121.5 Manufactured homes.
(a)
121.5.1 Applicability of this code.
Except as noted herein,
this code does not apply to the construction, installation and siting of
manufactured homes, to the extent required by 24 CFR Part 3280, "Manufactured
Home Construction and Safety Standards," and any exclusivity established in the
rules adopted by either the Ohio manufactured home commission or, after January
21, 2018, the department of commerce for such structures. The change of
occupancy and all operational and maintenance provisions of this code shall
apply to manufactured homes.
(b)
121.5.2 Serious hazard.
No manufactured home that constitutes a serious hazard to
occupant safety shall be occupied.
(6)
121.6 Fire Department
Registry
. The state fire
marshal shall develop and maintain a registry of all properly constituted fire
departments in this state. For the purposes of this paragraph, a fire
department includes a fire department of a political subdivision or fire
district of this state, a private volunteer fire company or other state or
political subdivision firefighting agency as determined by the state fire
marshal. This registry shall not be deemed to be a state fire marshal approval,
authorization or assertion, in any manner, of control over such departments.
Each fire department in this state shall provide the state fire marshal with
and maintain the following fire department information: full name of the fire
department, full name of the chief of the fire department, the postal address,
telephone number, e-mail address and a general statement of jurisdictional
boundaries for the fire department and any other information the state fire
marshal determines must be included in the registry. Each fire department shall
also provide a single, primary point of contact for the registry. All fire
departments subject to this section shall notify the state fire marshal of and
provide updated registry information to the state fire marshal within thirty
days after the date of any changes to that fire department's registry
information.
(7)
121.7 Fire department heroism awards.
The fire marshal may, at any time, issue commendations
that recognize and commemorate exemplary accomplishments and acts of heroism by
firefighters and other persons at fire-related incidents or similar events
occurring in the state.
(V)
Section 122 Hearings
(1)
122.1 Scope of applicability.
(a)
122.1.1
Unless otherwise noted, paragraph (V)(122) of this rule does
not apply to circumstances that include, but are not limited to, the
following:
(i)
Acts of the state fire marshal that are ministerial in
nature.
(ii)
Actions of the state fire marshal that are
subject to hearings under sections
3737.41 to
3737.43 of the Revised
Code.
(iii)
Actions of the state fire marshal that are
taken pursuant to paragraph (D)(8)( 104.8) of this
rule.
(iv)
Actions of the state fire marshal that are
taken pursuant to section
3743.59 of the Revised
Code.
(b)
122.1.2
Except as provided in
paragraph (V)(1)(a)(122.1.1) of this rule, those actions by the state fire
marshal that afford the right to a hearing pursuant to state fire marshal
authority provided in Chapter 119. of the Revised Code include the proposal of
the state fire marshal to do the following:
(i)
Refuse to
issue a license, whether it is a renewal or a new license, unless a hearing was
held before the refusal to issue such license.
(ii)
Suspend
or revoke a license.
(iii)
Require
a person to obtain a license when the person claims that the law does not
impose such a requirement.
(c)
122.1.3 Ministerial acts.
Ministerial acts by the state fire marshal to suspend or
terminate the processing of an initial or renewal application submitted in
accordance with Chapter 3731., 3737 or 3743. of the Revised Code do not require
the application of the section
119.03 of the Revised Code based
hearing process to such acts. Ministerial acts by the state fire marshal
include not issuing a license where the agency has no discretion to take any
other action on an application, including the failure of an applicant to submit
the proper license fee with an application and other similar
matters.
(2)
122.2 Definitions.
The following terms are defined in rule
1301:7-7-02 of the
Administrative Code:
(3)
122.3 Chapter 119. hearings:
notice.
(a)
122.3.1 Written notice of intended
action.
Whenever the
state fire marshal proposes to take an action that the Ohio general assembly
has expressly made subject to the administrative adjudication procedure
outlined in Chapter 119. of the Revised Code, the state fire marshal shall give
notice of the intended action to the affected party informing the affected
party of the affected party's right to a hearing. Notice shall be given by
registered mail, return receipt requested, and shall, at a minimum, include all
of the following:
(i)
The specific action or actions the state fire
marshal intends to take;
(ii)
The
charges or other reasons for the proposed action or
actions;
(iii)
The statute or rule directly
involved;
(iv)
A statement informing the affected party that
the affected party is entitled to a hearing if the affected party requests it
within thirty days of the time of mailing the notice;
(g)
A
statement informing the affected party that at the hearing the affected party
may appear in person or through an attorney;
(h)
A
statement informing the affected party that the affected party or the affected
party's attorney may present the affected party's position, arguments or
contentions entirely in writing, and that at the hearing the affected party or
the affected party's attorney may present evidence and examine witnesses
appearing for and against the affected party; and
(i)
A
statement informing the affected party that rules governing hearings in
accordance with Chapter 119. of the Revised Code are found in rule 1301:7-7 of
the Administrative Code.
(b)
122.3.2
The state fire marshal shall also mail a copy of the notice
to the affected party's attorney or other representative of record. To qualify
as an attorney or representative of record, the affected party or the attorney
or representative must notify the state fire marshal, in writing, that the
attorney or representative is to be designated the attorney or representative
of record. The notification must include the address where the state fire
marshal should mail the notice to the attorney or representative of record. The
mailing of notice to the affected party's attorney or representative is not
deemed to perfect service of the notice. Failure to mail a copy of the notice
to the attorney or representative of record will not result in failure of
otherwise perfected service upon the affected party. In those instances where
an affected party is a corporation doing business in Ohio or is incorporated in
Ohio, the mailing of notice to the corporation's statutory agent pursuant to
sections 1701.07 and
1703.19 of the Revised Code will
perfect service provided that all the requirements of paragraph
(A)(3)(a)(122.3.1) of this rule have been complied
with.
(c)
122.3.3
When any notice sent by
registered mail pursuant to this rule is returned because the affected party
fails to claim the notice, the state fire marshal shall send the notice by
ordinary mail to the affected party at the affected party's last known address
and shall obtain a certificate of mailing. Service by ordinary mail is complete
when the certificate of mailing is obtained unless the notice is returned
showing failure of delivery.
(d)
122.3.4
If any notice sent by registered or ordinary mail is
returned for failure of delivery, the state fire marshal either shall make
personal delivery of the notice by an employee or agent of the state fire
marshal or shall cause a summary of the substantive provisions of the notice to
be published once a week for three consecutive weeks in a newspaper of general
circulation in the county where the last known address of the affected party is
located. When notice is given by publication, a proof of publication affidavit,
with the first publication of the notice set forth in the affidavit, shall be
mailed by ordinary mail to the affected party at the affected party's last
known address and the notice shall be deemed received as of the date of the
last publication. An employee or agent of the state fire marshal may make
personal delivery of the notice upon a party at any
time.
(e)
122.3.5
Refusal of delivery by
personal service or by mail is not failure of delivery and service is deemed to
be complete at the time of personal refusal or at the time of receipt by the
state fire marshal of the refused mail as demonstrated by the state fire
marshal time and date stamp. Failure of delivery occurs only when a mailed
notice is returned by the postal authorities marked undeliverable, address or
addressee unknown, or forwarding address unknown or
expired.
(4)
122.4 Chapter 119. hearings: request for a
hearing.
(a)
122.4.1
Any request for a hearing
made as the result of notice issued pursuant to (V)(3)( 122.3) of this rule
must be made in writing and mailed or delivered to the state fire marshal in
the manner indicated in the notice issued pursuant to (V)(3)( 122.3) of this
rule within thirty calendar days of the following, as
applicable:
(i)
The time of mailing the notice if notice is given pursuant
to paragraph (V)(3)(a)(122.3.1) of this rule;
(ii)
The date
that service is complete if notice is given pursuant to paragraph
(V)(3)(c)(122.3.3) or (V)(3)(e)(122.3.5) of this rule;
(iii)
The
date of the last publication if notice is given by publication pursuant to
(V)(3)(d)(122.3.4) of this rule;
or
(iv)
The date
of personal service.
(b)
122.4.2
If a request for a hearing is properly mailed to the state
fire marshal, the request is deemed to have been made as
follows:
(i)
If the request is mailed by certified mail, as of the date
stamped by the U.S. postal service on its receipt (PS form 3800 or any future
equivalent postal service form).
(ii)
If the
request is mailed by regular U.S. mail, as of the date of the postmark
appearing upon the envelope containing the request.
(iii)
If the
request is mailed by regular U.S. mail and the postmark is illegible or fails
to appear on the envelope, as of the date of its receipt by the state fire
marshal as evidenced by the state fire marshal's time
stamp.
(c)
122.4.3
If a request for a hearing is made by facsimile transmission
or by electronic mail to the state fire marshal, the request is deemed to have
been made as of the date of its receipt as evidenced by the receipt date
generated by the facsimile transmission or the date of receipt shown in the
source code of the electronic mail received by the state fire
marshal.
(d)
122.4.4
If a request for a
hearing is personally delivered to the state fire marshal, the request is
deemed to have been made as of the date of its receipt as evidenced by the
state fire marshal's time stamp.
(e)
122.4.5
All requests for hearings must clearly identify both the
affected individual involved and the proposed action that is being
contested.
(5)
122.5 Computation of time deadlines.
Section
1.14 of the Revised Code
controls the computing of time deadlines imposed by Chapter 119. of the Revised
Code and rule 1301:7-7 of the Administrative Code. The time within which an act
is required by law to be completed is computed by excluding the first day and
including the last day. When the last day falls on a Saturday, Sunday, or legal
holiday, the act may be completed on the next succeeding day that is not a
Saturday, Sunday, or legal holiday. When the last day to perform an act that is
required by law is to be performed in a public office and that public office is
closed to the public for the entire day, the act may be performed on the next
succeeding day that is not a Saturday, Sunday, or legal
holiday.
(6)
122.6 Chapter 119. hearings: appointment and
powers of a hearing examiner and rules of practice.
(a)
122.6.1 Joinder of individual cases.
On its own motion, or on motion of the appellant, the
state fire marshal or the hearing examiner may join any individual cases where
there exist incidents of common ownership or interest and where joinder would
be appropriate for efficient and economic fairness to the
parties.
(b)
122.6.2 Computation of time deadlines.
Section
1.14 of the Revised Code
controls the computing of time deadlines imposed by Chapter 119. of the Revised
Code and rule 1301:7-7 of the Administrative Code. The time within which an act
is required by law to be completed by excluding the first day and including the
last day. When the last day falls on a Saturday, Sunday, or legal holiday, the
act may be completed on the next succeeding day that is not a Saturday, Sunday,
or legal holiday. When the last day to perform an act that is required by law
is to be performed in a public office, and that public office is closed to the
public for the entire day or before its usual closing time for that day, then
the act may be performed on the next succeeding day that is not a Saturday,
Sunday, or legal holiday.
(c)
122.6.3 Rules of practice in hearings conducted under this
rule.
In all hearings
conducted under rule 1301:7-7 of the Administrative Code where a stenographic
record is taken and where the stenographic record may be the basis of an appeal
to a court of law, any person not appearing pro se and any corporation,
partnership, association, or other entity must be represented by an attorney
admitted to the practice of law in this state. The state fire marshal or the
hearing officer may permit persons authorized to practice law in any
jurisdiction other than Ohio to represent an appellant before the state fire
marshal upon the motion of an attorney licensed to practice before the courts
of this state. When the appellant is represented by more than one attorney, one
attorney must be designated by the appellant as "trial counsel" and that
attorney is deemed the appellant's attorney of record and is primarily
responsible for the appellant's case at the hearing. No attorney representing
an appellant is permitted to withdraw from any hearing proceeding before the
state fire marshal without prior notice being served upon the state fire
marshal and prior approval by the hearing examiner.
(d)
122.6.4 Authority of hearing examiners appointed by the
department.
The director
may assign a hearing examiner to conduct any hearing held subject to Chapter
1301:7-7 of the Administrative Code. Any person assigned to be a hearing
examiner must be admitted to the practice of law in the state of Ohio and have
such other qualifications as the director deems necessary. The hearing examiner
may be an employee of the department or under contract to the department. The
hearing examiner has the same powers as granted to the department in conducting
the hearing. These powers include, but are not limited to, the
following:
(i)
The general authority to regulate the course of the hearing
and to issue orders governing the conduct of the
hearing.
(ii)
The authority to administer oaths or
affirmations, order the production of documents and the attendance of
witnesses, call and examine witnesses in a reasonable and impartial manner, and
to determine the order in which the participants to a hearing will present
testimony and be examined in a manner consistent with essential fairness and
justice.
(iii)
The authority to pass upon the admissibility of
evidence, and rule on objections, procedural motions, and other procedural
matters.
(iv)
The authority to issue orders intended to
facilitate settlement of the case, including the scheduling of settlement
conferences, directing the exchange of offers and demands, and any other
actions that may facilitate the prompt resolution of disputed
matters.
(v)
The authority to hold one or more pre-hearing
conferences of the participants for the purpose of resolving issues that can be
resolved by the participants including facilitation of a settlement,
identifying the witnesses to be presented and the subject of their testimony,
discussing possible admissions or stipulations regarding the authenticity of
records, identifying and marking exhibits, and ruling on any procedural motions
of the participants, resolving outstanding discovery claims, and clarifying the
issues to be addressed at the hearing, and discussing any other matters deemed
appropriate by the hearing examiner for the thorough and expeditious
preparation and disposition of the case.
(j)
The
authority to take such other actions as might be necessary to avoid unnecessary
delay, prevent presentation of irrelevant or cumulative evidence, prevent
argumentative, repetitious, or irrelevant examination or cross-examination, and
to assure that the hearing proceeds in an orderly and expeditious
manner.
(k)
Nothing in this rule, nor in any other state
fire marshal rule, is to be construed as granting a hearing examiner the
authority to dismiss any hearing. Nothing in this rule nor in any other state
fire marshal rule limits the state fire marshal's authority to withdraw a
proposal to enter an order of adjudication or limits the authority of the state
fire marshal to define the scope of any hearing.
(l)
Upon the
motion of the hearing examiner, the state fire marshal, or the appellant, the
hearing examiner may require the submission of briefs and memoranda at any time
during the proceeding. The hearing examiner may limit these filings to one or
more specific issues and may prescribe procedures and time schedules for their
submission. All briefs, memoranda, motions, or other pleadings are subject to
the following requirements:
(a)
All briefs, memoranda, motions or other
pleadings must be filed with the state fire marshal within three days after
service. A certificate of service is to be attached attesting both to the
service of a copy of the pleading on the opposing party and the provision of a
copy to the hearing examiner. Service is governed by rule 5 (7/1/2007) of the
Ohio rules of civil procedure except that any reference to "court" in rule 5
will be interpreted to refer to the state fire
marshal.
(b)
Only those pleadings, order, and other papers
filed with the state fire marshal will be a part of the official
record.
(c)
All briefs, memoranda, motions, or other
pleadings and papers must be on eight-and-one-half-inch by eleven-inch paper
and double-spaced.
(d)
All
orders, reports, recommendations, and rulings issued by the hearing examiner
are to be signed, dated, and filed with the state fire marshal.
(e)
122.6.5 Withdrawal of proposed
adjudication orders.
The state fire
marshal, upon its own motion, at any time before the issuance of an order of
adjudication, may withdraw its proposal to implement such an order without
prejudice to the rights of the parties.
(7)
122.7 Chapter 119. hearings: subpoena issuance
and enforcement.
(a)
122.7.1
The state fire marshal,
upon its own motion or that of any appellant, will issue a subpoena requiring
the attendance of witnesses and the production of books and records as are
necessary for the purpose of conducting a hearing.
(b)
122.7.2
Upon the request of the appellant, the state fire marshal
will issue a subpoena for any witness of a subpoena duces tecum to compel the
production of any books, records, or papers. The state fire marshal will issue
such subpoena in blank to a party requesting it, who is solely responsible for
completing the subpoena form, including the address where the person is to be
served, and returning it to the state fire marshal along with a written request
for service. The written request along with the completed subpoena must be
received by the state fire marshal no later than twenty-one business days
before the commencement of the hearing or deposition, unless otherwise ordered
for good cause shown. Upon its own initiative and for its own use, the state
fire marshal may issue a subpoena for any purpose set forth in this rule or
otherwise authorized by law. At its discretion, the state fire marshal may make
available electronically a subpoena in blank and may authorize electronic
submission of a completed subpoena.
(c)
122.7.3
All subpoenas issued under this rule are to be directed to
the sheriff of the county where the person to be served resides or is found.
The subpoena is to be served and returned in the same manner as a subpoena in a
criminal case. Fees and mileage of the sheriff will be the same as that allowed
in the court of common pleas in criminal cases. Fees and mileage of the witness
are governed by section
119.094 of the Revised Code. The
state fire marshal will pay allowable fees and
mileage.
(d)
122.7.4
In case of disobedience
or neglect of any subpoena served upon any person, or the refusal of any
witness to testify to any matter in which there may be lawful interrogation,
the state fire marshal will apply to the court of common pleas where such
disobedience, neglect, or refusal occurs for an order to compel obedience by
attachment proceedings for contempt, as in the case of disobedience of the
requirements of a subpoena issued from such court, or a refusal to testify
therein.
(W)
Section 123 Reserved for future
use.
(X)
Section 124 Incident reporting at a shale
oil processing premise.
(1)
124.1 Scope and applicability.
The reporting of a shale
incident to the state of Ohio shall be in accordance with this rule. Nothing in
this rule shall be construed to supplant a responsible person's obligations to
call 9-1-1 in an emergency situation.
(2)
124.2 Definitions.
The following words and terms shall, for the purposes of
this rule, have the meanings shown herein.
1.
A representative of a "firefighting agency,"
which means a township fire district, joint ambulance district, joint emergency
medical services district, joint fire district and the office of the state fire
marshal;
2.
A representative of a "fire department" as
defined in section 3750.01 of the Revised Code;
or
3.
A person performing "emergency medical services" as defined
in section 4765.01 of the Revised
Code.
1.
An
emergency responder being contacted to respond or responding to such fire or
explosion;
2.
Death or serious physical harm to any person;
or
3.
Over $50,000 in damage to any structure, property, premise
or vehicle.
1.
Involves a
release of a hazardous material into a sewer, storm drain, ditch, drainage
canal, creek, stream, river, lake or tidal waterway or on the ground, sidewalk,
street, highway or into the atmosphere; and
2.
The
release cannot be remedied within a two-hour period.
(a)
124.2.1. For
purposes of this rule, the terms "natural gas processing facilities," "natural
gas liquids fractionation facilities," and "shale oil processing premise" do
not include natural gas compressor stations or other pipeline related natural
gas gathering facilities or infrastructure.
(3)
124.3 Shale incident reporting.
(a)
124.3.1
All shale incidents shall be reported by the responsible
person to the state of Ohio by calling 1-844-OHCALL1 (1-844-642-2551) in
accordance with this paragraph.
(b)
124.3.2 Fire incidents at a shale oil processing premise.
The reporting of a fire
incident at a shale oil processing premise shall occur within thirty minutes
after the responsible person or the responsible person's representative becomes
aware of the fire incident at a shale oil processing premise.
1.
The
immediate reporting of the fire incident at a shale oil processing premise
would subject any person to a health hazard arising from the fire incident at a
shale oil processing premise;
2.
The
immediate reporting of the fire incident at a shale oil processing premise
would otherwise impede public safety personnel from satisfying their
duties;
3.
The immediate reporting of the fire incident at a shale
oil processing premise would be otherwise impracticable under the
circumstances.
(i)
124.3.2.1 If a
contractor performs services on behalf of a responsible person, the contractor
shall notify the responsible person or its representative immediately, but not
later than thirty minutes, after the contractor becomes aware of any fire
incident at a shale oil processing premise while performing services at the
responsible person's shale oil processing premise unless notification within
that time is impracticable under the circumstances as described in the
exceptions to this paragraph as listed in paragraph (X)(3)(b)(124.3.2)
of this rule.
(c)
124.3.3 Hazardous materials incidents at
a shale oil processing premise.
The reporting of a hazardous materials incident at a shale
oil processing premise shall occur within two hours after the responsible
person becomes aware of the hazardous materials incident at a shale oil
processing premise.
1.
The
reporting of the hazardous materials incident at a shale oil processing premise
would subject any person to a health hazard arising from the hazardous
materials incident at a shale oil processing premise;
2.
The
reporting of the hazardous materials incident at a shale oil processing premise
would otherwise impede public safety personnel from satisfying their
duties;
3.
The reporting of the hazardous materials incident at a
shale oil processing premise would be otherwise impracticable under the
circumstances.
(i)
124.3.3.1 If a
contractor performs services on behalf of a responsible person, the contractor
shall notify the responsible person or its representative immediately, but not
later than thirty minutes, after the contractor becomes aware of any hazardous
material incident at a shale oil processing premise while performing services
at the responsible person's shale oil processing premise unless notification
within that time is impracticable under the circumstances as described in the
exceptions to paragraph (X)(3)(c)(124.3.3) of this rule. In
that case, the contractor shall notify the responsible person or its
representative as soon as it is practicable and can be done
safely.
(d)
124.3.4
A person required to notify the state of a shale incident
specified in this rule shall provide, at the time of notification, all of the
following information that is known or can be reasonably
estimated:
(i)
The name and phone number of a person who can provide
further information regarding the shale incident;
(ii)
The
location of the shale incident, including the address, county, township,
section or lot number, directions from the nearest intersection, and global
positioning system coordinates;
(iii)
The
type of shale incident;
(iv)
The
potential health effects and safety concerns associated with the shale
incident;
(v)
The mitigation measures initiated or performed,
including any evacuation;
(vi)
Whether
a local fire department, law enforcement agency or emergency medical services
were contacted to respond to the shale incident;
(vii)
The
identity of other federal, state, or local agencies that were notified or
responded;
(viii)
If the shale incident involves a release of any
hazardous material:
(a)
The source of the
release;
(b)
The chemical name, description, or identity of
all substances released and the location(s) of all "Material Safety Data Safety
Sheet(s)";
(c)
An estimate of the quantity in United States
gallons released outside of secondary containment if the substance is a
liquid;
(d)
An estimate of the quantity in pounds released outside
of a secondary containment if the substance is a
solid;
(e)
An estimate of the quantity in cubic feet released if
the substance is a gas;
(f)
The date,
time, and duration of the release, if known;
(g)
An
identification of the environmental medium or media into or onto which the
substance was released; and
(h)
Other actions
proposed for response to the release.
(e)
124.3.5
The state fire marshal may require the responsible person to
provide additional information as required by the state fire marshal after the
shale incident which is necessary to obtain compliance with paragraph
(X)(3)(d)(124.3.4) of this
rule.
(f)
124.3.6
Compliance with this rule
does not eliminate the requirement that a responsible person or other person as
referenced in this rule comply with any other applicable state or federal laws
or rules, including compliance with the hazardous materials release provisions
specified in paragraph
(C)(3)( 5003.3)
of rule
1301:7-7-50
of the Administrative Code, except that the notification provisions of
paragraph (C)(3)(a)(5003.3.1) of rule
1301:7-7-50
of the Administrative Code shall be satisfied by calling the "One Call" hotline
as set forth above.
Replaces: 1307:7-7-01
Notes
Promulgated Under: 119.03
Statutory Authority: 3737.842, 3737.85, 3737.86, 3743.68, 3743.59, 3743.40, 3743.21, 3743.20, 3743.19, 3743.18, 3743.08, 3743.07, 5104.05, 5104.051, 3737.22(A), 3721.032, 3721.07, 3731.02, 3737.17, 3737.82, 3737.83, 3737.832
Rule Amplifies: 3737.83, 3737.22(A), 3737.82, 3721.02, 3721.032, 3731, 3737, 3743.68, 3743.59, 3743.40, 3743.21, 3743.20, 3743.19, 3743.18, 3743.08, 3743.07, 3781.03, 5104.05, 5104.01
Prior Effective Dates: 07/01/1979, 06/01/1985, 06/15/1985, 06/15/1992, 09/01/1995, 03/30/1998, 01/03/2000, 09/01/2005, 07/01/2007, 11/01/2011, 09/01/2015, 08/25/2016, 12/29/2016, 12/15/2017
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