(A) Purpose and
scope.
For the purpose of prescribing rules pursuant to section
3737.881 of the Revised Code,
the state fire marshal hereby adopts this rule to establish underground storage
tank installer certification and training requirements. This rule is adopted by
the state fire marshal in accordance with Chapter 119. of the Revised Code and
shall not be considered part of the "Ohio Fire Code."
(B) Supervising the following activities
while being physically on site shall constitute supervision over the
installation
or replacement of UST systems:
(1) Preparation of the excavation immediately
prior to receiving backfill and any component of the UST system;
(2) Setting of the UST system, including
placement of any anchoring devices, backfilling to the level of the UST system,
and strapping, if any;
(3) Any time
during the installation in which components of the piping are connected, field
coated, or cathodically protected;
(4) Any time during the installation of
containment system components;
(5)
All pressure testing of any component of the UST system;
(6) Completion of the backfilling and filling
of the excavation; and
(7) The
final precision test and the test of any release detection systems required by
rule
1301:7-9-07
of the Administrative Code.
(C) Supervising the following activities
while being physically on site shall constitute supervision over the
performance of major repairs on site to UST systems where a release has
occurred:
(1) The actual
purging and excavation
, purging, and removal of existing UST systems
or individual components, if applicable;
(2) The actual performance of
major repairs to the UST system;
(3) Any time during the major repair project
in which components of the piping are connected;
(4) Any time during the major repair project
in which the UST or its associated piping is pressure tested;
(5) The major repair of piping valves, fill
pipes, vents, leak detection devices, containment systems, cathodic protection
systems or spill and overfill protection devices; and
(6) The final precision test and the test of
any release detection systems required by rule
1301:7-9-07
of the Administrative Code, if applicable.
(D) Supervising the following activities
while being physically on site shall constitute supervision over the
closure-in-place of UST systems:
(1) The
cleaning and
excavation, purging
, opening,
and cleaning of the UST system;
(2) The filling with an inert solid
material of the UST system;
(3)
(2) All testing
associated with the cleaning and purging processes; and
(3)
The filling with an inert solid material of the UST
system; and
(4) Any time
during the closure-in-place in which components of the UST system are
disconnected or capped.
(E) Supervising the following activities
while being physically on site shall constitute supervision over the removal of
UST systems:
(1) The cleaning and purging of the
UST system;
(2)
(1) The actual excavation
,
purging,
and removal
, and cleaning of the UST system or any of its
components;
(3)
(2) All testing associated with the cleaning and
purging processes;
(4)
(3) Any time during the removal in which components of
the UST system are disconnected or capped; and
(5)
(4) The final
disposition of the UST system before the UST system leaves the site.
(F) Supervising the following
activities while being physically on site shall constitute supervision over the
performance of modifications on site to UST system components:
(1) The actual
purging and excavation
,
purging, removal, and cleaning of
existing
the UST
systems
system or
any of its components, if applicable;
(2) The actual performance of modifications
of any components;
(3) Any time
during the modification project in which components of the piping are
connected;
(4) Any time during the
modification project in which the UST or its associated piping is pressure
tested; and
(5) The final precision
test and the test of any release detection systems required by rule
1301:7-9-07
of the Administrative Code, if applicable.
(G) Supervising the following activities
while being physically on site shall constitute supervision over the placing of
an UST system out of service for more than ninety days or the performance of a
change in service of an UST system:
(1) The
emptying, capping and securing of an UST, piping and ancillary equipment as
part of placing an UST system out of service for more than ninety days pursuant
to paragraph (E)(3) of rule
1301:7-9-12
of the Administrative Code; or
(2)
The purging and cleaning of an UST system and the removal or closure-in-place
of piping and ancillary equipment, if applicable, as part of a change in
service pursuant to paragraph (H) of rule
1301:7-9-12
of the Administrative Code.
(H) General installer requirements.
(1) Certified installers shall supervise work
in a manner that minimizes the release of regulated substances from UST systems
and minimizes the build-up hazardous vapors in association with work performed
on UST systems. Certified installers shall not assign work activities to
unqualified persons.
(2) Certified
installers shall have a copy of their current certificate issued by the state
fire marshal at the location where they are supervising work. Upon request of a
fire official, certified installers shall make their current certificate
available for inspection by the fire official.
(3) Any person performing work in accordance
with this chapter shall obtain a permit as required in paragraph (C) of rule
1301:7-9-10
of the Administrative Code prior to performing the work. All work performed
pursuant to this chapter shall be overseen by certified UST installer and a
certified UST inspector as required in paragraph (D) of rule
1301:7-9-10
of the Administrative Code. No certified UST installer shall interfere with or
obstruct an employee of the state fire marshal or a certified UST inspector
performing an inspection required by rule
1301:7-9-15
of the Administrative Code.
(4)
Regardless of the circumstances, certified installers shall immediately secure
an UST system in a safe manner and cease all UST related work if directed to do
so by an inspector certified pursuant to rule
1301:7-9-15
of the Administrative Code or an employee of the state fire marshal. UST
related work shall not resume until approval is given by the state fire
marshal.
(I)
Application requirements.
Any person who wishes to apply for installer certification
shall meet all of the following application requirements:
(1) The applicant shall submit an application
to the state fire marshal, on a form furnished by the state fire marshal,
accompanied by a non-refundable fee of one hundred fifty dollars;
(2) The applicant shall be an individual and
shall be at least eighteen years of age;
(3) The applicant need not be a resident of
Ohio. If the applicant is not a resident of Ohio, the applicant shall provide
an irrevocable consent to legal service from Ohio on a form prescribed and
furnished by the state fire marshal.
(4) The applicant shall demonstrate that he
is in good standing with all licensing authorities by whom licensing is
required, given the nature and scope of the applicant's work, and that he has
not had a business or occupational license or certificate suspended or revoked
in this or any other state. The state fire marshal may issue a certificate to
an applicant who has had a business or occupational license or certificate
suspended or revoked where the suspension or revocation, by reason of its date
or nature, is not directly related to the applicant's competence to install,
perform major repairs on site to, close-in-place, or remove UST systems. The
state fire marshal may check with other certification or licensing boards with
which the applicant is registered to confirm the absence of violations of
federal, state, or local laws and regulations relating to the applicant's
ability to supervise the installation of, performance of major repairs on site
to, closure-in-place of, or removal of UST systems in a competent
manner.
(5) The applicant shall
supply the state fire marshal with three business references who can verify the
applicant's experience in the installation of, performance of major repairs on
site to, closure-in-place of, or removal of UST systems.
(6) The applicant shall demonstrate that he
meets one of the following:
(a) Has obtained a
certificate of completion from an installer training program pursuant to
paragraph (M)(3) or (M)(9) of this rule and has, within two years immediately
prior to making application, participated in the installation of, performance
of major repairs on site to, closure-in-place of, or removal of three UST
systems or, with approval of the state fire marshal, similar experience in
closely related UST system work;
(b) Is a registered professional engineer and
has, within two years immediately prior to making application, participated in
the installation of, performance of major repairs on site to, closure-in-place
of, or removal of six UST systems or, with approval of the state fire marshal,
similar experience in closely related UST system work;
or
(c)
Within two years immediately prior to making application, participated in the
installation of, performance of major repairs on site to, closure-in-place of,
or removal of twelve UST systems or, with approval of the state fire marshal,
similar experience in closely related UST system work. Of the participation,
six shall have involved the installation of UST systems.
(7) The applicant shall complete the
examination requirements of paragraph (J) of this rule.
(J) Examination requirements.
(1) The applicant shall submit payment of a
twenty-five dollar non-refundable fee at the time of application.
(2) The examination shall be a written
multiple-choice examination covering all aspects of the installation, major
repair, closure-in-place, removal, modification, placing out of service,
performing a change in service, and performing evaluations of leak detection
equipment of underground storage tank systems. The examination shall consist of
two parts, the first testing the applicant's knowledge of provisions of the
sections
3737.88 to
3737.882 of the Revised Code and
this chapter of the Administrative Code, and the second testing the applicant's
knowledge of current technological and industry recommended practices with
respect to the proper installation, major repair, closure-in-place, removal,
modification, placing out of service, performing a change in service, and
performing evaluations of leak detection equipment of UST systems. An applicant
may request permission to take the examination in oral form
,
for good cause
shown
, as determined by the state fire
marshal.
(3) To
satisfactorily pass the examination, the applicant shall obtain a minimum score
of seventy-five per cent on each of the two parts of the exam. Any applicant
who fails the examination may request re-examination upon payment of a
non-refundable twenty-five dollar fee. An application will remain pending for
that purpose for a period of one year after the date the application was
submitted. If the applicant has not requested re-examination within the one
year period, the applicant must file a new application for certification with
the state fire marshal.
(4) The
examination shall be offered by the state fire marshal at least six times a
year at such places as the state fire marshal determines. The state fire
marshal shall announce the time and location of an examination at least twenty
days in advance of the exam and shall, at least seven days in advance of the
exam, provide notice of the exam to all persons who have completed applications
for certification since the date of the previous examination. Only persons who
have filed applications in accordance with paragraph (I)(1) of this rule and
submitted the fee pursuant to paragraph (J)(1) of this rule are eligible to
take the examination.
(5) All
examinations will be graded and the applicants notified of the results within
twenty days of the date of the examination. Examination papers will not be
returned to the applicant, but may be reviewed by the applicant at the office
of the state fire marshal or alternate locations as approved by the state fire
marshal.
(6) At the time the
application is filed, the state fire marshal shall furnish the applicant with a
set of instructions to assist the applicant in preparing for the examination.
Instruction sheets will refer the applicant to appropriate laws and regulations
and industry publications, including, but not limited to, the references listed
in this chapter of the Administrative Code.
(K) New certification procedures.
(1) The state fire marshal shall issue an
installer certificate to each applicant who meets the requirements of
paragraphs (I) to (J)(3) of this rule. The certificate shall be valid from the
time of issuance by the state fire marshal to the renewal date.
(2) The application for an installer
certification shall be denied by the state fire marshal pursuant to Chapter
119. of the Revised Code when any of the following occur:
(a) The applicant failed to provide the
information required by the application form prescribed by the state fire
marshal;
(b) The applicant failed
to provide the fee required for application and examination;
(c) The applicant failed to comply with
paragraph (I)(6) of this rule;
(d)
The applicant failed to obtain a minimum score of seventy-five per cent on each
of the two parts of the exam administered pursuant to paragraph (J)(2) of this
rule;
(e) The applicant is not in
good standing with all licensing authorities as provided in paragraph (I)(4) of
this rule; or
(f) The applicant
made a misrepresentation or submitted false statements with the
application.
(L) Renewal of certification.
(1) Certificates issued by the state fire
marshal pursuant to paragraph (K)(1) of this rule shall be renewed annually by
the installer.
No less than ninety days prior to
expiration of a certification, the state fire marshal shall send a renewal
application to the certification holder at the latest address indicated on
file. Any installer who wishes to apply for installer certification
renewal shall meet all of the following renewal requirements:
(a) Prior to the expiration date of their
installer certification, submit an installer certification renewal application
to the state fire marshal, on a form prescribed by the state fire marshal,
accompanied by a non-refundable fee of one hundred fifty dollars;
(b) Demonstrate in a manner prescribed by the
state fire marshal attendance at a minimum of eight hours of state fire
marshal-approved continuing installer education within the previous twelve
months; and
(c) Demonstrate that he
is in good standing with all licensing authorities by whom licensing is
required, given the nature and scope of the installer's work, and that he has
not had a business or occupational license or certificate suspended or revoked
in this or any other state. The state fire marshal may renew a certificate for
an installer who has had a business or occupational license or certificate
suspended or revoked where the suspension or revocation, by reason of its date
or nature, is not directly related to the installer's competence to install,
perform major repairs on site to, close-in-place, remove, modify, place out of
service, perform a change in service, or perform evaluations of leak detection
equipment of UST systems. The state fire marshal may check with other
certification or licensing boards with which the installer is registered to
confirm the absence of violations of federal, state, or local laws and
regulations relating to the installer's ability to supervise the installation
of, performance of major repairs on site to, closure-in-place of, removal of,
modification of, placing out of service of, performing a change in service of,
or performing evaluations of leak detection equipment of UST systems in a
competent manner.
(2)
Upon a determination by the state fire marshal that during the calendar year
substantial changes have been made to sections
3737.87 to
3737.882 of the Revised Code,
this chapter of the Administrative Code, or UST technology, the state fire
marshal may require applicants for installer certification renewal to
satisfactorily pass a written multiple-choice examination in addition to
meeting the requirements in paragraph (L)(1) of this rule prior to issuance of
the certification renewal for the subsequent calendar year. Applicants for
installer certification renewal may request permission to take the examination
in oral form, good cause shown. To satisfactorily pass the examination, the
applicant for installer certification renewal shall obtain a minimum score of
seventy-five per cent on the examination. The state fire marshal shall announce
the time and location of the examination at least forty-five days in advance of
the exam and shall, at least thirty days in advance of the exam, provide notice
of the exam to all certified installers. An applicant for certification renewal
who fails the examination may request re-examination from the state fire
marshal.
(3) The state fire marshal
shall issue an installer certificate renewal to each applicant who meets the
requirements of applicable paragraphs (L)(1) and (L)(2) of this rule. The
renewal certificate shall be valid for one year following the date of issuance
by the state fire marshal.
(4) The
application for an installer certification renewal shall be denied by the state
fire marshal pursuant to Chapter 119. of the Revised Code when any of the
following occur:
(a) The applicant failed to
provide all the information required by the application form prescribed by the
state fire marshal;
(b) The
applicant failed to provide the fee required for application;
(c) The applicant failed to obtain a minimum
score of seventy-five per cent on the exam administered pursuant to paragraph
(L)(2) of this rule;
(d) The
applicant is not in good standing with all licensing authorities as provided in
paragraph (L)(1)(c) of this rule;
(e) The applicant failed to attend a minimum
of eight hours of state fire marshal-approved continuing installer
education;
(f) The applicant made a
misrepresentation or submitted false statements with the application;
or
(g) The applicant failed to
submit his application on or before the expiration date of their
certification.
(5) The
state fire marshal may grant a variance from the timely submittal of renewal
applications if the applicant provides good cause as determined by the state
fire marshal.
(6)
Sixty days after
After expiration of a certification, any application
for renewal will be considered as a new application and the applicant shall be
required to pass an examination as defined in paragraph (J) of this rule prior
to certification.
(M)
Installer training programs.
(1) The state
fire marshal may conduct installer training programs. Any such program shall be
at least thirty-six hours in length and shall include appropriate instructional
methods, and written pre-test and post-test examinations. The following topics
will be included in the program:
(a) Sections
3737.87 to
3737.882 of the Revised
Code;
(b) This chapter of the
Administrative Code;
(c)
Occupational health and safety;
(d)
Installation of USTs including tanks and piping, cathodic protection, ancillary
equipment, backfilling, and UST system testing;
(e) Release detection systems;
(f) General operation and maintenance of
USTS
USTs and
leak detection equipment;
(g)
Majors repairs and modifications;
(h) Closure including removal,
closure-in-place and change in service;
(i) Recordkeeping;
(j) Supervisory techniques;
(k) Public health and safety; and
(l) Environmental considerations.
(2) Any person who wishes to
attend a training program sponsored by the state fire marshal pursuant to
paragraph (M)(1) of this rule shall submit an application to the state fire
marshal prior to the first scheduled day of the training program, on a form
prescribed by the state fire marshal, accompanied by a
non-refundable fee established by the state fire
marshal
fee of one hundred dollars. The fee is
refundable only if the training program is cancelled.
(3) Upon conclusion of any installer training
program, the state fire marshal shall issue a certificate of completion to all
persons who meet all of the following requirements:
(a) Attended all of the program's sessions or
has complied with paragraph (M)(4) of this rule;
(b) Submitted an application and fee to the
state fire marshal pursuant to paragraph (M)(2) of this rule; and
(c) Completed the programs pre-test and
post-test examinations.
(4) Attendance shall be required at all
classroom sessions except for valid reasons. The faculty is authorized to
determine the validity of absences. Any absentee from any scheduled classroom
session shall make up such attendance as required by the faculty.
(5) Any person wishing to sponsor an
installer training program shall submit an application to the state fire
marshal, on a form prescribed by the state fire marshal, accompanied by a
non-refundable fee of two hundred dollars. All applications shall include,
without limitation, all of the following:
(a)
A program description and syllabus;
(b) Lesson plans for each classroom
session;
(c) Study materials and
hand-outs;
(d) Names, addresses,
and qualifications of all faculty;
(e) Pre-test and post-test examinations;
and
(f) The method of attendance
verification;
(6) The
state fire marshal may amend or require the applicant to modify any aspect of a
program prior to certifying the program sponsor.
(7) The state fire marshal may certify a
person to sponsor an installer training program if all of the following
requirements are met:
(a) The person has
complied with paragraph (M)(5) of this rule;
(b) The program, as amended by the state fire
marshal or modified by the applicant pursuant to paragraph (M)(6) of this rule,
complies with the requirements of paragraph (M)(1) of this rule; and
(c) The instructor for the training program
is a certified installer and possesses a valid installer certificate issued by
the state fire marshal pursuant to paragraph (K)(1) or (L)(3) of this
rule.
(8) State fire
marshal personnel shall be allowed access to all installer training program
sessions certified under paragraph (M)(7) of this rule.
(9) Upon conclusion of any installer training
program for which a person has been certified to sponsor, the sponsor shall
issue a certificate of successful completion to all persons who meet the
requirements of paragraphs (M)(3)(a) and (M)(3)(c) of this rule. The certified
sponsor shall submit to the state fire marshal a list of all persons receiving
a certificate of successful completion and the results of all examinations
conducted during the program within seven days of completion of the
course.
(10) Certifications issued
by the state fire marshal pursuant to paragraph (M)(7) of this rule and
renewals issued by the state fire marshal pursuant to paragraph (M)(11) of this
rule shall be valid for one year, beginning on the first day of September of
each year.
(11) Persons seeking to
renew a certificate to sponsor an installer training program shall submit an
application no later than the first day of July of each year to the state fire
marshal, on a form prescribed by the state fire marshal, accompanied by a
non-refundable fee of one hundred fifty dollars. The application shall include,
without limitation, a description of any changes in the certified program
proposed by the sponsor. The state fire marshal may amend or require the
sponsor to modify any aspect of a program prior to issuing an installer
training program certificate renewal to the sponsor. All programs for which a
sponsor obtains an installer training program certificate renewal shall comply
with paragraph (M)(1) of this rule.
(12) An application to sponsor an installer
training program or renewal thereof shall be denied by the state fire marshal
pursuant to Chapter 119. of the Revised Code when any of the following occur:
(a) The applicant failed to provide all the
information required by the application form prescribed by the state fire
marshal;
(b) The applicant failed
to provide the fee required for application;
(c) The applicant made a misrepresentation or
submitted false statements with the application;
(d) The training program submitted by the
sponsor is determined by the state fire marshal to not comply with a provision
of paragraphs (M)(5) to (M)(11) of this rule; or
(e) The applicant failed to submit a renewal
application on or before the expiration date of their certification.
(13) The state fire marshal may
grant a variance from the timely submittal of a renewal application if the
applicant provides good cause as determined by the state fire
marshal.
(14) Sixty days after
expiration of a certification, any application for renewal will be considered
as a new application and the applicant shall be required submit all information
required by
this paragraph
(M) of this rule.
(N) Continuing education programs.
(1) The state fire marshal may conduct
continuing education training programs for installers. Such programs shall be
closely related to those topics listed in paragraph (M)(1) of this rule or
related technical information.
(2)
Any person who wishes to attend a continuing education training program
sponsored by the state fire marshal pursuant to paragraph (N)(1) of this rule
shall submit an application to the state fire marshal prior to the first
scheduled day of the training program, on a form prescribed by the state fire
marshal, accompanied by a
non-refundable fee
established by the state fire marshal
fee of
twenty-five dollars. The fee is refundable only if the training program is
cancelled.
(3) Upon
conclusion of any continuing education training program, the state fire marshal
shall issue a certificate of attendance to all persons attending the program
who have complied with paragraph (N)(2) of this rule. The certificate shall
indicate the number of hours of state fire marshal-approved continuing
education credit earned by the person at the program.
(4) Any person wishing to sponsor a certified
installer continuing education training program shall submit an application to
the state fire marshal, on a form prescribed by the state fire marshal,
accompanied by a non-refundable fee of fifty dollars. All applications shall
include, without limitation, all of the following:
(a) A program description and
syllabus;
(b) Lesson plans for each
classroom session;
(c) Study
materials and hand-outs;
(d) Names,
addresses, and qualifications of all faculty; and
(e) The method of attendance
verification.
(5) The
state fire marshal may amend or require the applicant to modify any aspect of a
program prior to certifying the program sponsor.
(6) The state fire marshal may certify a
person to sponsor an installer continuing education training program if all of
the following requirements are met:
(a) The
person has complied with paragraph (N)(4) of this rule;
(b) The program, as amended by the state fire
marshal or modified by the applicant pursuant to paragraph (N)(5) of this rule,
is closely related to those topics listed in paragraph (M)(1) of this rule;
and
(c) The person is a certified
installer and possesses a valid installer certificate issued by the state fire
marshal pursuant to paragraph (K)(1) or (L)(3) of this rule.
(7) The state fire marshal shall
determine the number of hours of continuing education credit for which the
program qualifies. Certified UST installer and inspector continuing education
training programs shall not be offered together unless prior approval is given
by the state fire marshal.
(8) Upon
conclusion of any installer continuing education training program for which a
person has been certified to sponsor, the sponsor shall issue a certificate of
successful completion to all persons attending the program who meet the
following requirements:
(a) Attended all of
the program sessions or has complied with paragraph (M)(4) of this rule; and
(b) Successfully completed the
program's pre-test and post-test examinations. The certificate shall indicate
the number of hours of state fire marshal-approved continuing education credit
earned by the person attending the program. The certified person shall submit
to the state fire marshal a list of all persons receiving a certificate of
attendance which indicates the number of hours of state fire marshal-approved
continuing education credit earned by each person who received a certificate.
(9) Certifications
issued by the state fire marshal pursuant to paragraph (N)(6) of this rule and
renewals issued by the state fire marshal pursuant to paragraph (N)(10) of this
rule shall be valid for one year, beginning on the first day of September of
each year.
(10) Persons seeking to
renew a certificate to sponsor an installer continuing education training
program shall submit an application no later than the first day of July of each
year to the state fire marshal, on a form prescribed by the state fire marshal,
accompanied by a non-refundable fee of fifty dollars. The application shall
include, without limitation, a description of any changes in the certified
program proposed by the sponsor. The state fire marshal may amend or require
the sponsor to modify any aspect of a program prior to issuing an installer
continuing education training program certificate renewal to the sponsor. All
programs for which a sponsor obtains an installer training program certificate
renewal shall be closely related to those topics listed in paragraph (M)(1) of
this rule.
(11) An application to
sponsor an installer training program or renewal shall be denied by the state
fire marshal pursuant to Chapter 119. of the Revised Code when any of the
following occur:
(a) The applicant failed to
provide all the information required by the application form prescribed by the
state fire marshal;
(b) The
applicant failed to provide the fee required for application;
(c) The applicant made a misrepresentation or
submitted false statements with the application;
(d) The training program submitted by the
sponsor is determined by the state fire marshal to not comply with a provision
of paragraphs (N)(4) to (N)(10) of this rule; or
(e) The applicant failed to submit their
application on or before the expiration date of their certification.
(12) The state fire marshal may
grant a variance from the timely submittal of renewal applications if the
applicant provides good cause as determined by the state fire
marshal.
(13) Sixty days after
expiration of a certification, any application for renewal will be considered
as a new application and the applicant shall be required to submit all
information required by
this paragraph
(N) of this rule.
(O) Revocation or suspension of
certification.
A certificate or renewal issued pursuant to this rule may be
suspended or revoked by the state fire marshal pursuant to Chapter 119. of the
Revised Code. Such suspension or revocation may occur for any of the following
reasons:
(1) The person obtained his
certification through fraud or misrepresentation;
(2) The installer recklessly violated a
provision of this chapter;
(3) The
installer recklessly caused or permitted a person under his supervision to
install, perform a major repair on site to, close-in-place, remove, modify,
place out of service, perform a change in service, or perform evaluations of
leak detection equipment of an UST system in violation of this
chapter;
(4) The installer was not
physically on site during the performance of any of the activities described in
paragraphs (B) to (G) of this rule;
(5) The installer interfered with or
obstructed a certified UST inspector or an employee of the state fire marshal
from performing an inspection required by rule
1301:7-9-15
of the Administrative Code;
(6) The
installer failed to secure an UST system and cease work when directed by a
certified UST inspector or an employee of the state fire marshal pursuant to
paragraph (H)(4) of this rule; or
(7) The training program offered by the
sponsor is determined by the state fire marshal to not comply with a provision
of paragraphs (M)(1) to (M)(11) or (N)(1) to (N)(10) of this rule.