Ohio Admin. Code 4101:7-3-02

Current through all regulations passed and filed through December 30, 2024
Section 4101:7-3-02 - [Effective 7/1/2025] Building department personnel duties and responsibilities
(A) Building department personnel duties and responsibilities. Municipal, township, or county building departments certified by the board shall have personnel qualified to perform the enforcement duties and responsibilities described in this section. All certified building department personnel shall conduct themselves in a manner consistent with the statement of ethics adopted by the board in rule 4101:7-3-03 of the Administrative Code.
(B) Levels of certification. Individuals certified at level 3 or higher are permitted to perform all the duties of level 2 residential code official except plumbing and electrical inspections unless they also hold those specializations in either residential or commercial.
(C) Level 5 building official. The building official is responsible for the enforcement of the rules of the board and of Chapters 3781. and 3791. of the Revised Code relating to the construction, arrangement, and the erection of buildings or parts thereof. The building official renders interpretations of this code and adopts policies and procedures clarifying the application of its provisions in compliance with the intent and purpose of this code. Building officials assure that a system is in place to track and audit all projects, that all building department personnel perform their duties in accordance with this paragraph, and are responsible for the overall administration of a building department as follows:
(1) Applications and plan approvals. The building official establishes a system to receive applications, require or cause the submitted construction documents to be examined, and ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code. The building official is to direct a level 4 combination plans examiner or level 3 plans examiners to examine the construction documents to verify the construction indicated is in accordance with the requirements of the building code and shall assure coordination of plan review. Upon confirmation of code compliance, the building official shall issue plan approvals for the construction, erection, alteration, demolition, and moving of buildings and structures.
(2) Orders. The building official shall issue all orders in accordance with section 109 of rule 4101:1-1-01 of the Administrative Code to ensure compliance with the rules of the board.
(3) Plan examination by the building official. When the building department does not have in its full-time employ or under contract a level 4 combination plans examiner or level 6 comprehensive code official, the building official shall examine construction documents to determine compliance with the rules of the board if the registered design professional elects to submit construction documents that contain a written certification by the registered design professional indicating conformance with the requirements of the rules of the board and Chapters 3781. and 3791. of the Revised Code.
(4) Inspections. Once a certificate of plan approval has been issued in accordance with rule 4101:1-1-01 or 4101:8-1-01 of the Administrative Code, or upon receipt of a complaint or occurrence of an accident or natural disaster, the building official directs necessary inspections and investigations to determine whether the work which has been performed and the installations which have been made are in conformity with the approved construction documents. The building official identifies any special conditions affecting the timing of inspections and schedules inspection times mutually agreed upon by the building official and the owner. Upon receipt of a complaint or the occurrence of an accident or natural disaster, the building official directs necessary inspections and investigations to determine whether hazardous conditions exist which may require correction or remediation.

Exception: special inspections required under section 1704 of rule 4101:1-1-01 of the Administrative Code.

(5) Department records. The building official is responsible for developing and maintaining a system for the retention of official records of applications received, approved construction documents, certificates of plan approval issued, notices and orders issued, certificates of occupancy, certificates of completion, and other such records required by the rules of the board of building standards. Such information shall be retained in the official permanent record for each project. One set of approved construction documents is to be retained by the building department for a period of not less than one hundred eighty days from date of completion of the permitted work, or longer if required by local document retention regulations.
(6) Department reports. The building official is responsible for the submission of reports and any requested special information to the board of building standards as required in paragraph (F) of rule 4101:7-2-01 of the Administrative Code. Failure to submit these reports as required by rule or by special request or inquiry of the board of building standards may be grounds for board action as described in paragraph (M)(4) of rule 4101:7-3-01 of the Administrative Code.
(D) Plans examiners. A plans examiner is responsible for the examination of construction documents in accordance with rules 4101:1-1-01 and 4101:8-1-01 of the Administrative Code within the limits of their certification, to determine compliance with the rules of the board. All plan examiners shall effectively communicate the results of their plan review as designated by the building official.
(1) Combination plans examiner. A combination plans examiner is responsible for the examination of all types of construction documents to determine compliance with the rules of the board. If level 3 plans examiners are utilized by the building department, a level 4 combination plans examiner or level 6 comprehensive code official shall assure coordination of plan reviews. Certified personnel holding level 4 combination plans examiner or level 6 comprehensive code official certifications are certified to perform all plans examination.
(2) Level 3 plans examiners specialization. Level 3 plans examiner(s) may be designated by the building official as responsible for examination of construction documents for which they are certified to determine compliance with the rules of the board, and the plan reviews shall be coordinated by the combination plans examiner.
(a) Level 3 building plans examiner specialization. A building plans examiner is responsible for the examination of construction documents related to building structural or resistive elements and architectural systems to determine compliance with the rules of the board. Level 3 building plans examiner is also an authorized plans examiner trainee when designated by the department and may be cross trained in the examination of electrical, energy, fire protection, mechanical and plumbing systems under the direct supervision of an individual holding level 3 to 6 plans examiner certification for that construction system.
(b) Level 3 electrical plans examiner specialization. An electrical plans examiner is responsible for the examination of construction documents related to electrical systems to determine compliance with the rules of the board. Level 3 electrical plans examiner is also an authorized plans examiner trainee when designated by the department and may be cross trained in the examination of structural, energy, fire protection, mechanical and plumbing systems, under the direct supervision of an individual holding level 3 to 6 plans examiner certification for that construction system.
(c) Level 3 energy plans examiner specialization. An energy plans examiner is responsible for the examination of construction documents related to energy conservation systems to determine compliance with the rules of the board. Level 3 energy plans examiner is also an authorized plans examiner trainee when designated by the department and may be cross trained in the examination of structural, electrical, fire protection, mechanical and plumbing systems, under the direct supervision of an individual holding level 3 to 6 plans examiner certification for that construction system.
(d) Level 3 fire protection plans examiner specialization. A fire protection plans examiner is responsible for the examination of construction documents related to fire protection systems (automatic sprinkler systems, alternative automatic fire-extinguishing systems, standpipe systems, fire alarm and detection systems, and fire pumps) to determine compliance with the rules of the board. Level 3 fire protection plans examiner is also an authorized plans examiner trainee when designated by the department and may be cross trained in the examination of structural, electrical, mechanical and plumbing systems, under the direct supervision of an individual holding level 3 to 6 plans examiner certification for that construction system.
(e) Level 3 mechanical plans examiner specialization. A mechanical plans examiner is responsible for the examination of construction documents related to heating, ventilating, and air conditioning ("HVAC") systems and the associated refrigeration, fuel gas, and hydronic piping to determine compliance with the rules of the board. Level 3 mechanical plans examiner is also an authorized plans examiner trainee when designated by the department and may be cross trained in the examination of structural, electrical, energy, fire protection and plumbing systems under the direct supervision of an individual holding level 3 to 6 plans examiner certification for that construction system.
(f) Level 3 plumbing plans examiner specialization. A plumbing plans examiner is responsible for the examination of construction documents related to plumbing systems and medical gas systems to determine compliance with the rules of the board. Level 3 plumbing plans examiner is also an authorized plans examiner trainee when designated by the department and may be cross trained in the examination of structural, electrical, energy, fire protection and mechanical systems under the direct supervision of an individual holding level 3 to 6 plans examiner certification for that construction system.
(E) Inspectors. An inspector is responsible for performing inspections and determining that work, for which they are certified to make inspections, is performed in compliance with the approved construction documents. All inspectors shall inspect the work to the extent of the approval given when construction documents were approved by the building official and for which the inspection was requested. All inspectors shall effectively communicate the results of their inspections as required by section 108 of rules 4101:1-1-01 and 4101:8-101, as designated by the building official.

Certified personnel holding level 4 combination inspector or level 6 comprehensive code official certifications are certified to perform level 3 inspections with the exception of medical gas piping inspections.

(1) Level 4 combination inspector. A combination inspector is responsible to determine compliance of all types of construction with the approved construction documents in accordance with section 108 of rule 4101:1-1-01 of the Administrative Code.
(2) Level 3 inspectors. Level 3 inspectors may be designated by the building official as responsible to determine compliance with the approved construction documents for which they are certified to determine compliance with the rules of the board in accordance with section 108 of rule 4101:1-1-01 of the Administrative Code.
(a) Level 3 building inspector specialization. A building inspector is responsible to determine compliance with the approved construction documents for building structural or resistive elements and architectural systems. Level 3 building inspector is also an authorized inspector trainee when designated by the department and may be cross trained in the inspection electrical, energy, fire protection, mechanical and plumbing systems, under the direct supervision of an individual holding level 3 to 6 inspector certification for that construction system.
(b) Level 3 electrical safety inspector specialization. A level 3 electrical safety inspector is responsible to determine electrical systems compliance with approved construction documents for buildings within the scope of the Ohio building code and for buildings within the scope of the residential code of Ohio, including those with a service over four hundred amps or a three-phase service. Level 3 electrical safety inspector is also an authorized inspector trainee when designated by the department and may be cross trained in the inspection of structural, energy, fire protection, mechanical and plumbing systems, under the direct supervision of an individual holding level 3 to 6 inspector certification for that construction system.
(c) Level 3 energy inspector specialization. An energy inspector is responsible to determine energy conservation compliance with approved construction documents. Level 3 energy inspector is also an authorized inspector trainee when designated by the department and may be cross trained in the inspection of structural, electrical, fire protection, mechanical and plumbing systems, under the direct supervision of an individual holding level 3 to 6 inspector certification for that construction system.
(d) Level 3 fire protection inspector specialization. A fire protection inspector is responsible to determine compliance with approved construction documents for fire protection systems (automatic sprinkler systems, alternative automatic fire-extinguishing systems, standpipe systems, fire alarm and detection systems, and fire pump). Level 3 fire protection inspector is also an authorized inspector trainee when designated by the department and may be cross trained in the inspection of structural, electrical, energy, mechanical and plumbing systems, under the direct supervision of an individual holding level 3 to 6 inspector certification for that construction system.
(e) Level 3 mechanical inspector specialization. A mechanical inspector is responsible to determine compliance with the approved construction documents for heating, ventilating and air conditioning (HVAC) systems, and the associated refrigeration, fuel gas, and hydronic piping systems. Level 3 mechanical inspector is also an authorized inspector trainee when designated by the department and may be cross trained in the inspection of structural, electrical, energy, fire protection and plumbing systems, under the direct supervision of an individual holding level 3 to 6 inspector certification for that construction system.
(f) Level 3 plumbing inspector specialization. A plumbing inspector is responsible to determine plumbing system compliance with approved construction documents. Level 3 plumbing inspector is also authorized inspector trainee when designated by the department and may be cross trained in the inspection of structural, energy, mechanical, fire protection and electrical systems, under the direct supervision of an individual holding level 3 to 6 inspector certification for that construction system.
(3) Medical gas piping inspector. A medical gas piping inspector is responsible to determine compliance with approved construction documents for non-flammable medical gas, medical oxygen, and medical vacuum systems in accordance with section 108 of rule 4101:1-1-01 of the Administrative Code.

If the department does not have in its employ or under contract persons holding a medical gas piping inspector certification, then all enforcement of medical gas piping systems shall be deferred to either of the following: the local health district when that district requests to enforce those piping systems and the district has employed or hired under contract a person holding the medical gas piping inspector certification; or the superintendent of the division of industrial compliance in the department of commerce.

(F) Level 2 residential code official. Level 2 residential code official is authorized to perform all duties and responsibilities of the residential building official, residential plans examiner and residential building inspector specified in rule 4101:8-1-01 of the Administrative Code.

A level 2 residential code official is also an authorized building plans examiner trainee when designated by the department and may be cross trained in the examination of construction documents, in accordance with section 107 of rule 4101:1-1-01 of the Administrative Code, under the direct supervision of an individual holding level 3 plans examiner specialization. A level 2 residential code official is also an inspector trainee when designated by the department and may be cross trained to determine compliance with approved construction documents, in accordance with section 108 of rule 4101:1-1-01, under the direct supervision of an individual holding a level 3 inspector specialization.

A level 2 residential code official holding a residential electrical inspector specialization is responsible to determine electrical systems compliance with approved residential construction documents, except for buildings with a service over four hundred amps or a three-phase service.

A level 2 residential code official holding a residential plumbing inspector specialization is responsible to determine plumbing systems compliance with approved residential construction documents.

(G) Level 1 administrative personnel. Under the direction and supervision of the level 2 residential code official or level 5 commercial building official or level 6 comprehensive code official, level 1 certified administrative personnel fulfill administrative roles within the building department, such as customer service representatives, inspection schedulers, and permit technicians. The level 1 administrative personnel implement the designated processes and systems for receiving applications, project tracking and auditing, inspection scheduling, and clerical management of certificates, orders, and department communications, record retention and building department reports to the board of building standards. Administrative department personnel are not required to be certified but may seek level 1 certification to progress to higher levels of certification. A level 1 administrative person, when designated by the department, may be cross trained to obtain level 2 residential code official/commercial trainee status.
(H) Liability. Liability of certified building department personnel for any tortious act will be determined by Ohio courts to the applicable provisions of Chapter 2744. of the Revised Code.

Replaces: 4101:1-1-01

Ohio Admin. Code 4101:7-3-02

Effective: 7/1/2025
Five Year Review (FYR) Dates: 07/01/2030
Promulgated Under: 119.03
Statutory Authority: 3703.01, 3781.10, 3781.102, 3781.105, 3781.20, 3783.03
Rule Amplifies: 3703.01, 3781.10, 3781.102, 3781.105, 3781.20, 3783.03
Prior Effective Dates: 07/07/1969, 03/26/1971, 04/15/1974, 02/15/1975, 07/01/1977, 12/30/1977, 07/01/1978, 11/01/1978, 07/01/1979, 07/16/1979, 05/01/1980, 01/01/1981, 03/10/1982, 07/01/1982, 01/01/1983, 01/01/1984, 03/01/1984, 03/05/1984, 03/01/1985, 07/01/1985, 12/01/1985, 03/01/1986, 08/01/1986, 09/01/1986, 02/01/1987, 07/01/1987, 01/01/1988, 10/01/1988, 01/01/1989, 06/01/1989, 01/01/1990, 08/01/1990, 10/01/1990, 07/01/1991, 07/15/1992, 09/01/1992, 01/01/1993, 02/01/1993, 07/05/1993, 01/01/1994, 09/01/1994, 05/15/1995, 07/01/1995, 02/01/1996, 02/02/1996, 01/01/1997, 07/01/1997, 01/01/1998, 03/01/1998, 04/01/1999, 10/01/1999, 07/15/2000, 12/01/2000, 04/01/2001, 01/01/2002, 07/01/2002, 01/01/2003, 04/01/2003, 07/01/2003, 08/15/2003, 01/01/2004, 07/01/2004, 03/01/2005, 09/06/2005, 03/01/2006, 07/01/2006, 07/01/2007, 11/01/2007, 01/01/2009, 07/01/2009, 11/01/2011, 03/11/2012, 03/12/2012 (Emer.), 06/08/2012, 03/01/2013, 07/01/2014, 01/01/2016, 10/10/2016, 11/01/2017, 08/01/2018, 03/01/2024