Ohio Admin. Code 4781-7-05 - Certified third-party inspection agencies
(A) The
commission
division may contract with certified third- party plans review
agencies for plans review services and/or certified third party
inspection agencies to perform inspections or plan
reviews . The commission
Trained division inspectors may also
hire staff to perform these
functions.
(B)
The
To become
certified, third-
party plans review and/or inspection
agencies must provide the following information to the
commission
division :
(1) The
name, address, and telephone number of the third-
party plans review and/or inspection
agency; names and addresses of all owners, shareholders, partners, limited
liability companies, and/or directors with a five
percent
per
cent share or larger of the business. If any of the owners, shareholders,
partners, limited liability companies, and/or
directors is
are corporately owned, the names and addresses must
include the real persons' names through each layer of ownership.
(2) Provide notification of any felony
conviction(s) to the commission
division for all owners, partners, directors, and shareholders with a five per cent share or
larger, as required by the commission
division on a form provided by the
commission
division . Owners, partners,
directors or shareholders having a felony conviction may be denied as third
party plans review and/or inspection agency by the commission.
The division may deny certification as a third-party
inspection agency to any business with an owner, partner, director, and/or
shareholder who has a felony conviction.
(3) Provide notification of any owners,
shareholders, partners, limited liability companies, and/or directors who also have a five
percent
per
cent share or larger in any manufactured home installation company,
manufactured home retail lot, manufactured home development, manufactured home
park, manufactured home manufacturer, or manufactured home equipment supplier.
If any of the owners, shareholders, partners, limited liability companies, and/or directors is
are corporately
owned, the names and addresses must include the
real persons' names through each layer of ownership. The
commission
division may limit the jurisdictional area where the
third- party plans
review agency and/or third party inspection agencies may perform plan
review or inspections of manufactured homes or deny certification as a third
- party plans review
and/or inspection agency based upon a conflict of interest.
(C) Third- party plans review
and/or inspection agencies shall apply to the
commission
division for certification on a form approved by the
commission
division . Principals of a third- party plans review
and/or inspection agency are required to have at least two years' experience in inspecting manufactured homes,
or have
inspected at least fifteen manufactured homes,
which must be verified by a previous employer who is certified as an inspection
agency with the commission
division, or other experience as approved by the
commission
division .
(D) Each third-
party inspection and/or plans review agency
shall be required to provide, within twenty-four hours
of issuing a permit,
computer website input
for operational reporting regarding
updates to
the seal report or any other information that is requested by the division as
it relates to activities pursuant to this chapter
within twenty-four hours of issuing a
permit for public viewing on the OMHC
department's
website at www.omhc.ohio.govwww.com.ohio.gov.
(E) Any third-
party agency who
that enforces commission
division
rules shall notify the commission
division of changes in personnel within thirty
calendar days after such personnel changes have been made.
A
Each third-party
agency must have a minimum of one inspector certified by the
commission
division , a back-up inspector certified by the
commission
division , and an electrical
safety inspector (ESI)
ESI as
either
employees
employees or
under contract are required.
(F) Third-
party inspectors and plans reviewers.
(1) Inspectors for certified third- party inspection and/or
plans review agencies shall meet and
be
are subject to all the requirements
for inspectors in rule 4781-7-02 of the Administrative Code. Inspectors for certified
third-party inspection agencies can inspect the installation of a manufactured
home and any elements that deal with installation of a manufactured home that
are under the jurisdiction of the division and conduct plans reviews of the
installation of manufactured homes.
(2) Third-
party inspectors and/or plans reviewers
shall be held to the ethics standards for inspectors in accordance with rule 4781-7-06 of the Administrative Code. Third- party agencies
that are not subject to the standards of the state ethics laws, including
Chapter 102. of the Revised Code, shall be held to rule 4781-7-06 of the Administrative Code.
(G)
Certification
for all third party inspection and/or plans review agencies is
A third-party inspection agency's certification is
effective for three years. If a third party agency
fails to renew its certification on or before the expiration of its
certification, the certification shall be placed on lapsed status. A third
party agency can activate their certification within the first three years of
the lapsed status by paying the renewal fee and late fee, if any, and complying
with all other requirements.
Each certified
third-party inspection agency shall apply for renewal and pay a nonrefundable
renewal fee in an amount set forth in paragraph (K) of this rule prior to the
expiration date of the certification. All applications for renewal of expired
certifications shall be processed as renewals during the one-year period
following expiration. All applications for renewal of expired certifications
submitted more than one year following the expiration shall be processed as a
new application. The agency shall not perform any duties for which a
certification is required while expired.
(H) A third-
party inspection and/or plans review agency
must maintain insurance and/or bonding requirements as prescribed by the
commission
division during the duration of the certification
period. Failure to do so will cause the certification to be placed on inactive
status, during which the agency shall not perform any
duties for which a certification is required .
(I) No certified third- party inspection agency may contract with any
political subdivision within the state to be the sole provider of manufactured
home installation inspections in any political
subdivision of the state
or manufactured homes
plan review .
(J) After an
investigation, if a finding of facts establishes
that a third- party plan review agency and/or third party inspection
agency or any of their
its employees has not complied with Chapter 4781. of
the Revised Code or the rules promulgated thereunder, the
commission
division may decertify
suspend or
revoke the third- party agency's certification . The commission
division
may initiate an investigation on its own motion or upon receipt of a complaint.
If the commission
division proposes to decertify a third party inspection and/or plans
review
suspend or revoke the agency's
or an inspector employed
by or retained by a third party inspection agency and/or plans review
agency
certification , the
commission
division shall conduct a hearing pursuant to Chapter
119. of the Revised Code. If the commission
division
finds that the third-party employee inspector or the third-party inspection
agency and/or plans review agency has
violated the rules, the commission
division may decertify, suspend,
revoke,
or issue a fine, or do a combination
thereof. Any fine imposed cannot exceed one thousand dollars per day per
violation. A third-party employee inspector or
the third-party inspection agency and/or
plans review agency shall return the
any certification
and identification cards to the
commission
division within three business days after receipt of
the commission's
division's order of
revocation .
(K) Fees.
(4)
(2) Fees shall be made
payable by check or money order to "Treasurer, State of Ohio," or by credit
card. Any online credit card payments may be subject
to a convenience fee as charged to the commission
Any payment of fees may be subject to a convenience fee as
charged to the division .
(1) The non-refundable fee for application or
renewal for certification of a third- party
inspection agency and/or a third party plans review
agency shall be three hundred dollars for each.
(2) The non-refundable late fee for
certification renewal shall be one hundred fifty dollars in addition to the
renewal fee.
(3) The non-refundable fee for the
final inspection seal charged to a third party plans review and/or inspection
agency shall be one hundred dollars and shall be paid for prior to issuing a
permit.
Notes
Promulgated Under: 119.03
Statutory Authority: 4781.04, 4781.14
Rule Amplifies: 4781.04, 4781.06, 4781.07, 4781.121, 4781.14
Prior Effective Dates: 01/01/2007, 01/01/2010, 06/02/2011, 12/01/2012
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