N o v e m b e r Building Blocks Supporters I Deserve It! · 2014-11-03 · Building Blocks...
Transcript of N o v e m b e r Building Blocks Supporters I Deserve It! · 2014-11-03 · Building Blocks...
Page 1November, 2014 B U I L D I N G B L O C K S
Building Blocks Supporters
84 Lumber
All Construction Services
Carter Lumber
Graves Lumber
Home Savings
ID Creative Group, Limited
Paramount Plumbing, Inc.
Stouffer Realty, Inc.
The Allen Thomas Group
Third Federal Savings & Loan Association
Transfer Title Agency
Westfi eld Bank
Wolff Bros. Supply, Inc.
Yorktowne Heating & Air Conditioning
N o v e m b e r2 0 1 4
In This Issue ...Legislative News – Call
Before You Dig SB378 Info
2014 Fall Parade of Homes Sponsor Thank you!
Financial Forecast 2015 Info
Elections Important for Many Reasons (OHBA)
& Much More!
MONTHLY MEMBER MAGAZINE VOL. 23 – ISSUE 11
(Article continued on page 3)
I Deserve It!The Features that Sell Homes in Today’s MarketBy Jerry Gloss, AIA, CAASH
Buyers are looking for “difference makers” in home design today — elements that meet their need to feel special and pampered. Here’s how to include those stand-out features.
Four years ago, in the midst of the recession, the battle cry in housing was “Price Point!” Thankfully, times have changed; the economy has improved and buyers are in search of value. While remaining cautious conservative, buyers are looking for the merger of price point and “design difference makers” that provide them something new, different, and special.
To address this trend, our fi rm has begun integrating what we call “I Deserve It Features” into our designs. These often become features that buyers use to identify and differentiate our builder clients in the market.
The notion of “I Deserve It Features” was fi rst identifi ed back in 1991 by trend forecaster Faith Popcorn and the concept rings true today. Popcorn observed that consumers want more than strict utility; they want to be pampered and nourished
Page 2 B U I L D I N G B L O C K S November, 2014
Kenneth Cleveland 1,051.5* Bob Knight 91.5 Bill Post 66.5* John Sumodi 30 Russ Sturgess 29 Doug Leohr 20 Mark Zollinger 8.5 Ed Belair 3.0 Mike Hudak 2 Greg Thomas 1.5 Todd Scott 1 Ted Curran 1
Above list has been updated via the most current NAHB Spike Club Roster Report *Current Life Spike status
Page 3November, 2014 B U I L D I N G B L O C K S
Page
Cover: I Deserve It! Features That Sell Homes in Today’s Market ......................................... Cover,3,7,8,9
Spike Club Update ...................................................................................2
Legislative News ...................................................................................4,6
Member News ..........................................................................................6
BWC Announces Mandatory Group Sponsor Training Dates .......................................................................6
Executive Director’s Letter .......................................................................7
2015 Financial Forecast Info ..................................................................10
Parade Homes – Sponsor Thank You! .............................................. 11-12
Elections Are Important For Many Reasons ..........................................14
Thank You Ken Cleveland .....................................................................15
Court Documents – SB 378 Revisions to ORC........................................................................ 17-35
7 4 8 N . C O U R T S T . • M E D I N A , O H 4 4 2 5 6Formerly Medina County Title Agency, Inc. Locally owned and operated since 1967.
Mon. – Fri. 8:30 am – 5 pmEvening/Sat. closings by appt.
Medina ..................(330) 725-4214Cleveland ..............(330) 273-2943Toll Free ................(800) 635-5512Fax ........................(330) 725-3145
www.transfertitle.com
Complete Real Estate Title & Escrow Service Now Serving All of Ohio
Lee T. Skidmore, Esq., PresidentRobert C. Skidmore, Esq., V.P.
Title Insurance Policies Issued with Chicago Title
Insurance Company & Old Republic Title
Buying, Selling, Building
or Refi nancing?Transfer Title is your local Title Company!
(Cover story continued on page 7)
(Cover story continued)
by their purchase. Where else better to apply this notion than in the home? “I Deserve It Features” are an indulgence, an emotional reward that goes beyond standard amenities
and accessories. And no, these aren’t just skin deep; there is no lasting satisfaction in mere tinsel.
Home buyers still want value, but what do “I Deserve It Features” mean to the builder? They provide
Page 4 B U I L D I N G B L O C K S November, 2014
Your MCHBA member dues also cover these memberships:
4083 N. Jefferson Street(located behind Kohl’s on Rt. 42)
Medina, OH 44256
Phone: 330/725-2371Fax: 330/725-0461
John Sumodi, PresidentJeremy Krahe
Michael HudakGreg Thomas
Douglas KrauseDoug Leohr
Katie WilliamsJeff Barnes
David LeHotan
Jeremy KraheJohn SumodiGreg Thomas
Safety & TrainingSales & Marketing
Government AffairsBuilding Codes
Subdivision RegulationsKatie Williams, Membership
Parade of Homes
Committees
Trustees
BoardofDirectorsN
E
W
SDepartment Of Health Onsite Septic Rules To Become Effective Jan 1st
Seven years after the General As-sembly blocked regulations setting state-wide standards for home septic systems, JCARR allowed the Department of Health’s revised rules to take effect. The ODH rules are designed to reduce the risk of exposure to sewage from failing septic systems. According to ODH’s business impact analysis, the rules establish new modern standards for system construc-tion, alteration and maintenance when a system fails or breaks and must be altered or replaced, or a when a new system is installed. A representative from ODH at-tended a recent OHBA Board meeting to help clear up misconceptions and answer any questions on the new rules. Having gone through JCARR, the agency’s rules are set to take effect January 1, 2015.
Early Stakeholder Comments Submitted On OEPA NPDES Rules
Early stakeholder outreach is a require-ment of the Common Sense Initiative (CSI) Process, where the agency solicits comments on rules without having pro-posed any draft language. Comments are to be focused on potential issues with the rule or suggestions on changes to consider when drafting new rule language. OHBA strongly discouraged the OEPA from developing numeric standards for phos-phorous and nitrogen when developing
its nutrient water quality criteria. Other concerns raised in the comments related to possible changes in the rule for inclusion of any “green” infrastructure practices as new storm water BMP’s (bio-swales, rain garden, permeable pavement, etc). We raised several potential issues with such practices and posed several questions on “green” infrastructure regarding cost, maintenance and effectiveness. Lastly, OHBA encouraged the agency to reach out when draft rule revisions are available to participate in ongoing discussions.
Please contact OHBA directly with any questions.
OHBA Facilitates Meeting With Developer and EPA To Question Mitigation Authority
When a developer from the Canton area requested explanation on potential mitigation requirements from the OEPA, OHBA interceded and set up a meeting with the agency for further clarifi cation. After being told by the US Corp a section of the property was non-jurisdictional and classifi ed as an agricultural ditch, the OEPA attempted to take jurisdiction to require mitigation under the state’s own classifi cation of the ‘stream’. However, currently there are no rules in place to regulate this type of isolated ‘stream’, thus no way to predict or plan for such a feature on a property. After explaining the situ-ation further and asking for more details on where OEPA was getting its authority to require certain amounts of mitigation, a determination was made it did not appear that the ephemeral stream/isolated ditch in question would require any type of miti-gation from the state. This was a real life example OHBA was able to bring to the attention of the agency where the agency was attempting to act outside its scope of authority under the rule. Hundreds of thousands of dollars were potentially saved and the development may have a more viable chance of moving ahead.
Please contact OHBA with further questions.
(Legislative News – Cont’d on page 6)
Page 5November, 2014 B U I L D I N G B L O C K S
LOTS AND ACREAGE
FAIRLAWN2830 Erie: .75 acre lot on dead end street in Fairlawn. Minutes to shopping/dining. Copley-Fa i r l a w n C S D. $ 5 9 , 9 0 0 . Ryan Shaffer 330-329-6904.294 Corunna Ave: Rare corner lot in Fairlawn. Quiet street. Walk to park. Public utilities. Copley-Fairlawn CSD. $44,900. Ryan Shaffer 330-329-6904.
GRANGERMillers Meadow: 6 beautiful lots remaining, 3.5 to over 10 acres. Public water. Bring your own builder & create the home of your dreams. Highland LSD. Starting at $75,000. Gary Stouffer 330-835-4900.
2+ acre lots in Granger Meadows starting at $39,900. Also 42.6 ac in Granger Twp $275,000. Bill Nice 330-571-4516.
Western Reserve Homestead:
S/L 7 Windfall Rd. 2 acres $69,000.
S / L 9 G r a n g e r R d . 2 . 8 5 acres $49,900. Gary Stouffer 330-835-4900.
MEDINA/LAFAYETTE TWP.
Dover Highlands: .3 ac lots available. Bring your builder or use preferred builder to affordably build the home of your dreams. Water/sewer. $49,500. Kathy Mansfi eld-Kimble 330-813-3072.7440 Chippewa: 2 acre wooded lot, babbling brook. Only 10 min. from Downtown Medina. Bring your own builder. Cloverleaf LSD. $39,900. Ryan Shaffer 330-329-6904.
MONTVILLEMaplewood Farm Development offers 13 beautiful lots, 2+ acres each, Medina Schools and septic approved starting at $39,000. Tom Boggs 330-322-7500 or Gary Stouffer 330-835-4900.
RICHFIELDGlencairn Forest: Lots ranging from $109,900 to $295,000. Breathtaking views. Scenic waterfalls, babbling brooks, lakes, stunning homes. Water/sewer, tennis courts, playground. Easy access to 77 & 271. Laura Horning Duryea 330-606-7131 or Gary Stouffer 330-835-4900.
3601 W Streetsboro Rd: 10+ acres. 8-stall horse barn w/arena. Scenic rear ravine and rolling fields in the front. Nestled against Summit County Metro Parks. Bring your own builder. Gary Stouffer 330-835-4900.
Tom Boggs – [email protected]
Laura Horning Duryea – [email protected]
Regran Leedy – [email protected]
Kathy Mansfi eld – kathymansfi [email protected]
Bill Nice – [email protected]
Ryan Shaffer – [email protected]
Gary Stouffer – [email protected]
2802 Southern Rd.: 15+ acres. Wooded. Mineral rights. Revere LSD. $180,000. Gary Stouffer 330-835-4900.
4535 Killarney Dr.: 3 .62 acres , wooded lot, Revere Schools. $74,900. Gary Stouffer 330-835-4900.
Glencairn Forest 3621 Hamilton Dr. S/L 57: 1.26 acre. $139,900. Gary Stouffer 330-835-4900.
SHARON TOWNSHIP
The Ridge 5840 Spring Ridge Dr.: 2.36 acres. $85,000. Gary Stouffer 330-835-4900.
Sharon Hts Development: 20+ lots remain. Well & septic. 2+ acres. Highland LSD. Many lots w/walkout potential. Scenic views w/privacy. Lots starting at $62,650. Gary Stouffer 330-835-4900.
Blue Ridge Estates: VL 15 Irene Rd. & Osage Trail 2 acres $69,000.
Blue Ridge Estates S/L 10 Gridle Rd & Irene: 2+ ac lot with scenic views. Well & septic. $59,900. Kathy Mansfi eld-Kimble 330-813-3072.
WADSWORTH1973 Greenwich Rd.: 58 acres in prime location. Water & sewer close. House, bank barn & other detached structures located on 6.5 ac parcel. Additional land possible. $1,200,000. Kathy Mansfi eld-Kimble / Bud Wenger 330-813-3072 or 330-714-4260.
Email Our Agents:
www.StoufferRealty.com
Fairlawn/Medina: 330-835-4900Stow: 330-564-0711
Brimfield: 330-677-3430Green: 330-896-1606
Page 6 B U I L D I N G B L O C K S November, 2014
Alpha Insulation and Gutters – Wadsworth
MAS, Inc. – Richfi eldRalph Baratko Excavating, Inc. –
Spencer
Renewed Associates
Charis Homes LLC – N. CantonMason Builders – Valley CityR. C. Walker Ltd. – Seville
Renewed Builders
New Builder Members
Calvin Smith, Inc. DBA Calvin Smith Builders
612 N. Center St.LaGrange, OH 44050Contact: Calvin SmithPhone: 440-328-5491Email: [email protected]: John SumodiBusiness: Residential building
Straub Homes, Inc.9101 Fulton Rd.Sterling, OH 44276Contact: Jeffrey StraubPhone: 330-446-2468Email: [email protected]: www.straubhomes.usSponsor: John SumodiBusiness: Residential building
New Associate Member
Stout Lumber8007 Norwalk Rd.Litchfi eld, OH 44253Contact: Gary StoutPhone: 330-722-8733Email: [email protected]: John SumodiBusiness: Construction and building
materials, lumber, etc.
Call Before You Dig Legislation Introduced In The Senate Requiring Registration And Fee For All Excavators And Developers Participating In OUPS
Senator Coley introduced SB 378 recently to establish an enforcement mechanism for the existing Call Before You Dig law. He has indicated he plans on pushing the OUPS legislation during the upcoming lame duck session. The draft bill focuses on full enforcement of basic provisions of the OUPS law (ORC 153.64, 3781.27, 3781.28 to 3781.32). OHBA has met with Coley and been involved in interested party meetings leading up to the bill’s introduction. So far, we have raised concern with the need to limit rulemaking authority given to the PUCO, as the enforcement agency, and new registration requirements set out in the language below. OHBA plans to continue working with Sen. Coley. Please feel free to contact OHBA with questions and concerns. A copy of all the language in SB 378 has been included. See pages 17 thru 35.
Sec. 4913.03. Each utility, excavator, developer, and designer who participates in the one-call notifi cation system shall register with the public utilities commission and pay a safety registration not to exceed fi fty dollars annually, which the commission may lower if the commission determines lowering the reg-istration to be necessary. The amounts shall be used to fund the operation of the underground technical committee, created under section 3781.34 of the Revised Code, and the com-mission in the performance of duties under this chapter. The commission shall administer and oversee the registration process. Failure to register shall result in a fi ne of not more than two thousand fi ve hundred dollars.
Other Upcoming Issues
As the lame duck session approaches, OHBA has been in contact on several issues potentially moving after the elec-tion. Discussions on MBR Environment (HB 490), including proposed increased
penalties for violation of sections of the water pollution law will continue into lame duck. OHBA has had meetings with the OEPA on the new penalty provisions in the bill. The new provisions would give the OEPA authority to pursue certain violations criminally. OHBA continues to work on language to limit the scope of this authority, as it currently would apply to smaller contractors and more mundane regulatory violations in the same manner as the very egregious situations trying to be addressed by the agency.
SB 351 Roofer Licensing (Patton, T.) would require roofi ng contractors to have a license. SB 351 adds roofi ng contractors to the already existing OCILB specialty contractor licensing requirements. OHBA is working with the sponsor to ensure the intention is clarifi ed for application to commercial and industrial structures. The sponsor contacted OHBA for feedback on the current language.
HB 140 Residential Construction (Pat-mon, B.) Following a news story over the summer indicating potential movement in the House and Senate during the lame duck session, OHBA has been in constant contact with both Rep. Young and Senator Eklund on their intentions to move a bill in the coming months. Both Young and Eklund have focused in on a more simple registration type regulation, and OHBA expects to hear more from Rep Young following the Nov. 4th election.
Please feel free to contact OHBA with any questions.
OHBA Fall Board Of Trustees Meeting
Information has been emailed on the Fall Board of Trustees Meeting for Wednesday, November 12th at the Hilton Easton in Columbus.
If you need a sleeping room, contact the Hilton at (800)445-8667 by October 21st to reserve your room today.
Thank you to our sponsors Ohio Wetlands Foundation and CCI Workers’ Comp. provider.
If you have any questions regarding the meeting, please contact OHBA at (800)282-3403 ext. 1.
(Legislative News – Cont’d from page 4)
Page 7November, 2014 B U I L D I N G B L O C K S
Members and Friends:
It has been a while since those of us in the residential building industry have been confi dent about the future, but as you will read in the following article below, the Builder Confi dence level has returned to the 2005 level. Sure feels good to get back to “normal.”
Builder Confi dence Hits Highest Level Since November of 2005
NAHB reports September 17, 2014, Builder confi dence in the market for newly built, single-family homes rose for a fourth consecutive month in September to a level of 59 on the National Association of Home Builders / Wells Fargo Housing Market Index (HMI). This latest four-point gain brings the index to its highest reading since November of 2005.
“Since early summer, builders in many markets across the nation have been reporting that buyer interest and traffi c have picked up, which is a positive sign that the housing market is moving in the right direction,” said NAHB Chairman Kevin Kelly.
Respectfully:
Dave LeHotanVolunteer Executive Director
From the Executive Director(Cover story continued from page 3)
(Cover story continued on next page)
a tantalizing invitation, motivation, and excitement for today’s discerning buyer. “I Deserve It Features” put the “wow” in a home that sets the standard — the high water mark — for the buyer as they compare the competition. Builders incorporating these features into their homes will separate themselves from the rest of the market.
Here are fi ve value-based design attributes for today’s market:
1. Enduring Design: This allows owners to remain in the home for longer periods of time — perhaps from kindergarten to cap and gown — without the need to move. The home fl exes to a family’s changing needs. Enduring design enhances functionality of the home.
2. Enhanced Specifi cations: Buyers notice and are willing to pay for higher quality materials and sustainability-based construction.
3. Lifestyle Focused Spaces: Designs must integrate the rooms, spaces, and features of today’s lifestyles and market segments.
4. Flex Spaces: Found throughout the home, these spaces can support a wide range of uses that can be determined by the buyer based on need and timing.
5. Special Feeling Spaces: These provide opportunities for escape and rejuvenation, a chance to nurture the soul. These spaces take you away from the rat race...if only for a few minutes.
Here’s how we incorporate these value-based design attributes into our plans and create “I Deserve It Features” (IDIF):
The Kitchen: This area is the most signifi cant lifestyle-focused space in the home; it is the crossroads of the home, serving as a place for
Page 8 B U I L D I N G B L O C K S November, 2014
34457 E ROYALTON ROADCOLUMBIA STATIO, OH 44028
P: 440-748-2104 | F: 440-748-3688748 2104 | F: 440 74884lumber.com
34457 E ROYALTON ROAD34457 E ROYALTON ROADCOLUMBIA STATIO,, OH 44028
P: 440 8-3688-748-2104 | F: 440-748
kids’ homework, family discussions, entertainment, and home management, in addition to food prep and dining. Upgrades in materials and appliances are a great opportunity to utilize IDIF. Consider substituting recycled glass or polished concrete in place of granite counters giving your buyer an opportunity to be green. Added design features such as entertainment centers and replacing the underused butler’s pantry with a kitchen alcove are considerations of today’s lifestyles. Builders and architects should use the kitchen to apply attributes 1, 2, and 3 listed above.
The Master Bath has become the spa bath; no news here. Escape, nurture, and personality are words describing the function of the bathroom beyond utility. Fixtures are works of art. Finishes rival those of a hotel spa. Glass-wrapped showers appointed with benches and overhead showerheads add sophistication. The master tub seems to be disappearing. (Is it the living room of this decade?)
The master bath of today allows us to remove ourselves from the bustle and demands of the outside world…if only for a brief time. Apply attributes 1, 2, 3, and 5 above in designing the master bath and specifying fi nishes and fi xtures.
Flex Rooms: A room or space that your buyer can customize and make their own: These spaces, typically located in the informal part of the home, fl ex in a number of ways. They may take the form of an enlarged owner’s entry, a second study, a music alcove off the family room, a kids’ electronic gaming room, a study area, or a project room. This room stands ready to serve multiple uses over the life span of ownership, providing optimal use and re-use. Attributes 1, 3, and 4 above can be applied when designing fl ex rooms.
The Owners’ Entry is a highly-used portal between the garage and home. When properly located and
(Cover story continued from page 7)
(Article concluded on next page)
Page 9November, 2014 B U I L D I N G B L O C K S
(Cover story continued from page 8)
appointed with design features, it becomes the Grand Central Station of a busy family. Organization accessories, storage, benches, and counters stand out as details that make this zone particularly useful. This area can also serve as a home management hub and even include a project alcove — but never the laundry. The Owners’ Entry should incorporate attributes 1 and 3 above.
We recommend builders step outside of their standard offerings and include ‘I Deserve It Features’ (even as an option) in their home designs. Buyers will be grateful and the competition will be running to catch up.
Page 10 B U I L D I N G B L O C K S November, 2014
You can’t afford to miss the
WHEN: January 15, 2015 – Noon to 1:30 p.m.
WHERE: Pat O’Brien Chevrolet 3880 Pearl Road (corner Pearl & Fenn) Banquet Room (upstairs in new bldg) Medina, OH 44256 330-725-2371 (HBA Offi ce)
SPEAKERS: Speakers to be announced
REG. FEE: $20 (includes lunch from Panera Bread - see details below)
FOOD: Lunch includes turkey and ham sandwiches with chips and a cookie
MEETING SPONSOR: All Construction Services
Unfortunately, guesswork or good old fashioned luck just
isn’t going to cut it for fi nancial planning to survive and thrive
in 2015. It’s been a tough few years and although the economy is improving, you need the best possible fi nancial information
you can get so you can put together a well thought-out plan for growth, be aware of what to
anticipate, thus giving you the best possible chance to succeed.
You can register online through Builder Fusion to attend this meeting or you can call the HBA offi ce at 330-725-2371 to RSVP as well.
Don’t forget to register no later than January 9th to attend and don’t miss this important event to help plan your business success for 2014 and beyond)! We look
forward to seeing you at the meeting!
2015 Financial Forecast
Staying on top of what’s going on in the economy can make the difference from slippery market conditions to gains ahead. Don’t hide your head in the sand and hope for the best! Be proactive and be prepared.
Page 11November, 2014 B U I L D I N G B L O C K S
Our 2014 Fall Parade of Homes Event Sponsors !
Jeff Brady / Jeff Barnes330.784.5441
Carter Lumber of Akron172 N. Case Ave., Akron 44305
The Medina County Home Builders Association would like to take this opportunity to thank each and every one of our sponsors and supporters of the Fall Parade of Homes. Your response continues to be unprecedented and your participation enables us to continue to promote this event in a way we have only dreamed of over the past few years.
As I’m sure most of you are aware, there is a lot of activity in Medina County and your support will keep that momentum rolling.
Our builder members have made a huge commitment themselves to being in this Parade, even some of
Homes & Design, Carrington Homes, Inc. (welcome one of our newest Parade participants), Charis Homes, Drees Homes, Legacy Homes of Medina, Legacy Homes of BriarThorn, Dwight Yoder Builders (welcome our other newest Parade participant), Mason Builders, Modern Home Concepts, LLC, R.J. Perritt Homes and Windridge Homes.
All of our members’ participation continues to make our event one of the most successful ones in all of Northeast Ohio. Take a moment and pat yourselves on the back. You made it happen as well!
Bob Giacomo330.887.8413
Westfi eld Center, Ohiorobertgiacomo@westfi eldgrp.com
www.westfi eld-bank.com
MAJOR EVENT SPONSORS
the homeowners have allowed their homes to be presented as well.
We would like to thank all of our Parade Builders as well for continuing to participate in this event that puts our association at the forefront of residential construction in Northeast Ohio. Participants include: Artisan Building and Design, LLC, Bridgeport Custom
Page 12 B U I L D I N G B L O C K S November, 2014
New Construction • AdditionsRemodeling • Service
Light Commercial330-336-1096
www.paramountplumbinginc.com
Sherri PattersonSales Representative
330.723.3100 ofc216.219.6741 cell
www.medina.ltic.com
Sean Smith, Sales Manager41807 State Route 18
Wellington, OH 44090440.213.0230 • www.mpwcs.com
4081 N. Jefferson St., Medina, OH 44256440.826.3676 • 800.247.1760
allenthomasgroup.com
Glen Murduck1315 S. Cleveland-Massillon Rd.
Copley, OH216.701.6650
www.graveslumber.com
Dave LeHotan945 Industrial Parkway, N.
Brunswick, OH 44212330.220.6666
www.allconstructionohio.com
Brunswick3890 Center Rd.
Brunswick, OH 44212330-225-8855
Medina4018A Medina Rd.Medina, OH 44256
330-721-4593 • 877-604-1166
Tom Ostrander440.320.3472
34457 E. Royalton Rd.Columbia Station
Call Tom today at330-725-0825
www.yorktowneheating.com
Thank you to our Parade
Sponsors who made this
Fall Parade of Homes a
highly successful reality!
We truly appreciate your
support & participation!
Page 13November, 2014 B U I L D I N G B L O C K S PaPPPaPaPaPaPPPPPPPaPaPaPPPPPPPPPPPPPPPaageggegegeeegeegeegeegeegeeggeggeg 131113131111131333133333311111NoNoNNoNNoNoNNooNNoNoNoNoNoNNooNoNoNoNoNoNoNoNoNoNNNNoNoNNoNooNoNNNNNN vevvveveveeveveeveee bmbmbbbmbbbmbbbberererererereereeeereereeeeeeeerrereeerr, , , , ,, 220202222202022222222222222222222 14144414144441444144444444444441444444 B U I L D I N G B L O C K S
Page 14 B U I L D I N G B L O C K S November, 2014
• 12 months to build
• One loan for both construction phase and permanent mortgage
• Always low rates, locked in when you apply. Find a better rate, we’ll match it and even lock it before they will*
*See conditions for Match ‘n Lock at thirdfederal.com or call 1-800-THIRD-FED. Product features subject to change.4/13 ©2013 Third Federal
We’ve built the best Construction/
Perm Mortgage.
Brunswick3890 Center Rd. Brunswick 44212330-225-8855
Medina4018A Medina Rd. Medina 44256330-721-4593877-604-1166
Elections Are Important For Many Reasons
Executive Vice President’s Columnby Vincent J. Squillace, CAE
Executive Vice President
First, nothing is more important in America than our representative democracy. What makes that so is that we all have a chance to participate in electing those who make the rules we live by. Of course we are not always pleased by the outcome and often times the politics of getting elected are ridiculous. However, fact is, the winner will impact you somehow. The best way to affect an outcome is to participate in the process.
OHBA watches out for your interests in state government. There is always something of interest to some aspect of the industry every day. The list never ends. We wrap up one issue and another emerges. Some issues are perpetual. This industry will always need to be prepared to advance our needs, concerns and grievances. That is precisely the role OHBA plays in our united affi liation effort.
We all must remember that legislative politics are as diverse as the state itself. Just having a good relationship with your individual representative, while good, may have no infl uence when a representative from another part of the state is the key player. Every advocate here must be able to harness infl uence from all points in Ohio. This is another keystone of OHBA, we have established relationships with Representative and Senators for all corners (and the middle) of Ohio. We have you covered as best we can.
However, we need your help in fostering relationships and increasing interest in our goals. We expect impact fees, taxes, licensing, sprinklers and other code issues to be before us when the next general assembly begins its work January 1. Just about all the folks who will be deciding those issues will be elected November 4, 2014.
Page 15November, 2014 B U I L D I N G B L O C K S
Ken Cleveland recently made a second very generous donation to the Medina County Home Builders Association.
Ken is a charter member of our association and one of the founding fathers which helped create the Medina County HBA back in 1973 - 40 years ago. Ken Cleveland is our top spike member and has shown unending support for our association and all it stands for. Without his support over the years, the organization may not have survived - for which we are grateful!
We congratulate Ken Cleveland for his support of our Association and sincerely thank him for his generous donations.
Thank you Ken Cleveland For
Continuing to Make a Difference on
Behalf of the Medina County Home Builders
Association!Invites you to visit their newKitchen & Bath Showroom
locatedat
3725 Medina RoadSuite 108
in Medina
Members ... Remember, whenever possible, always try to
do business with a fellow member and
support your Medina County HBA &
local community!
Page 16 B U I L D I N G B L O C K S November, 2014
To learn more, contact our mortgage team today at 1.800.368.8930 or visit us online at
Westfield Bank Mortgage Solutions
Westfield Bank has mortgage solutions that fit your specific needs. From mortgage loans to refinancing, we offer personalized service with the strength and stability of a leading bank. Westfield Bank will put your needs in the forefront and provide a simplistic experience.
www.westfield-bank.com
Here’s how Westfield Bank makes things easier:
professionals
we work closely with you, your real estate agent and all parties in the transaction
Mortgage products and services:
Page 17November, 2014 B U I L D I N G B L O C K S
LSC 130 2303-6
130th General Assembly
Regular Session . B. No.
2013-2014
A B I L L
To amend section 3781.25 and to enact sections
3781.34, 3781.341, 3781.342, 3781.36, 4905.041,
4913.01, 4913.03, 4913.05, 4913.07, 4913.09,
4913.13, 4913.15, 4913.151, 4913.152, 4913.16,
4913.17, 4913.171, 4913.19, 4913.21, 4913.22,
4913.23, 4913.25, 4913.27, 4913.29, 4913.31,
4913.45, 4913.47, 4913.50, and 4913.52 of the
Revised Code regarding the enforcement of the law
governing the protection of underground utility
facilities.
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10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3781.25 be amended and sections
3781.34, 3781.341, 3781.342, 3781.36, 4905.041, 4913.01, 4913.03,
4913.05, 4913.07, 4913.09, 4913.13, 4913.15, 4913.151, 4913.152,
4913.16, 4913.17, 4913.171, 4913.19, 4913.21, 4913.22, 4913.23,
4913.25, 4913.27, 4913.29, 4913.31, 4913.45, 4913.47, 4913.50, and
4913.52 of the Revised Code be enacted to read as follows:
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Sec. 3781.25. As used in sections 3781.25 to 3781.32 3781.36
of the Revised Code:
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(A) "Protection service" means a notification center, but not
an owner of an individual utility, that exists for the purpose of
receiving notice from persons that prepare plans and
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specifications for or that engage in excavation work, that
distributes this information to its members and participants, and
that has registered by March 14, 1989, with the secretary of state
and the public utilities commission of Ohio under former division
(F) of section 153.64 of the Revised Code as it existed on that
date.
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27
(B) "Underground utility facility" includes any item buried
or placed below ground or submerged under water for use in
connection with the storage or conveyance of water or sewage;
electronic, telephonic, or telegraphic communications; television
signals; electricity; crude oil; petroleum products; artificial or
liquefied petroleum; manufactured, mixed, or natural gas;
synthetic or liquefied natural gas; propane gas; coal; steam; hot
water; or other substances. "Underground utility facility"
includes all operational underground pipes, sewers, tubing,
conduits, cables, valves, lines, wires, worker access holes, and
attachments, owned by any person, firm, or company. "Underground
utility facility" does not include a private septic system in a
one-family or multi-family dwelling utilized only for that
dwelling and not connected to any other system.
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(C) "Utility" means any owner or operator, or an agent of an
owner or operator, of an underground utility facility, including
any public authority, that owns or operates an underground utility
facility. "Utility" does not include the owners of the following
types of real property with respect to any underground utility
facility located on that property:
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(1) The owner of a single-family or two-, three-, or
four-unit residential dwelling;
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49
(2) The owner of an apartment complex; 50
(3) The owner of a commercial or industrial building or
complex of buildings, including but not limited to, factories and
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shopping centers; 53
(4) The owner of a farm; 54
(5) The owner of an exempt domestic well as defined in
section 1509.01 of the Revised Code.
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56
(D) "Approximate location" means the immediate area within
the perimeter of a proposed excavation site where the underground
utility facilities are located.
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59
(E) "Tolerance zone" means the site of the underground
utility facility including the width of the underground utility
facility plus eighteen inches on each side of the facility.
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62
(F) "Working days" excludes Saturdays, Sundays, and legal
holidays as defined in section 1.14 of the Revised Code and
"hours" excludes hours on Saturdays, Sundays, and legal holidays.
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65
(G) "Designer" means an engineer, architect, landscape
architect, contractor, surveyor, or other person who develops
plans or designs for real property improvement or any other
activity that will involve excavation.
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(H) "Developer" means the person for whom the excavation is
made and who will own or be the lessee of any improvement that is
the object of the excavation.
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(I) "Excavation" means the use of hand tools, powered
equipment, or explosives to move earth, rock, or other materials
in order to penetrate or bore or drill into the earth, or to
demolish any structure whether or not it is intended that the
demolition will disturb the earth. "Excavation" includes such
agricultural operations as the installation of drain tile, but
excludes agricultural operations such as tilling that do not
penetrate the earth to a depth of more than twelve inches.
"Excavation" excludes any activity by a governmental entity which
does not penetrate the earth to a depth of more than twelve
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inches. "Excavation" excludes coal mining and reclamation
operations regulated under Chapter 1513. of the Revised Code and
rules adopted under it.
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(J) "Excavation site" means the area within which excavation
will be performed.
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(K) "Excavator" means the person or persons responsible for
making the actual excavation.
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(L) "Interstate gas pipeline" means an interstate gas
pipeline subject to the "Natural Gas Pipeline Safety Act of 1968,"
82 Stat. 720, 49 U.S.C. 1671, as amended.
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(M) "Interstate hazardous liquids pipeline" means an
interstate hazardous liquids pipeline subject to the "Hazardous
Liquid Pipeline Safety Act of 1979," 93 Stat. 1003, 49 U.S.C.
2002, as amended.
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(N) "Special notification requirements" means requirements
for notice to an owner of an interstate hazardous liquids pipeline
or an interstate gas pipeline that must be made prior to
commencing excavation and pursuant to the owner's public safety
program adopted under federal law.
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(O) "Commercial excavator" means any excavator, excluding a
utility as defined in this section, that satisfies both of the
following:
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(1) For compensation, performs, directs, supervises, or is
responsible for the excavation, construction, improvement,
renovation, repair, or maintenance on a construction project and
holds out or represents oneself as qualified or permitted to act
as such;
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109
(2) Employs tradespersons who actually perform excavation,
construction, improvement, renovation, repair, or maintenance on a
construction project.
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(P) "Person" has the same meaning as in section 1.59 of the
Revised Code and also includes a public authority.
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(Q) "Positive response system" means an automated system
facilitated by a protection service allowing a utility to
communicate to an excavator the presence or absence of any
conflict between the existing underground utility facilities and
the proposed excavation site.
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(R) "One-call notification system" means the software or
communications system used by a protection system to notify its
membership of proposed excavation sites.
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(S) "Project" means any undertaking by a private party of an
improvement requiring excavation.
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(T) "Public authority" has the same meaning as in section
153.64 of the Revised Code.
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(U) "Improvement" means any construction, reconstruction,
improvement, enlargement, alteration, or repair of a building,
highway, drainage system, water system, road, street, alley,
sewer, ditch, sewage disposal plant, water works, and all other
structures or works of any nature.
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(V) "Emergency" means an unexpected occurrence causing a
disruption or damage to an underground utility facility that
requires immediate repair or a situation that creates a clear and
imminent danger that demands immediate action to prevent or
mitigate loss of or damage to life, health, property, or essential
public services.
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(W) "Nondestructive manner" means using low-impact, low-risk
technologies such as hand tools, or hydro or air vacuum excavation
equipment.
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(X) "Cable service provider" has the same meaning as in
section 1332.01 of the Revised Code.
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(Y) "Electric cooperative" and "electric utility" have the
same meanings as in section 4928.01 of the Revised Code.
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Sec. 3781.34. (A) There is hereby created the underground
technical committee.
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(B) The committee shall consist of four members from the
stakeholder group of the commercial excavator industry and one
member from each of the following stakeholder groups, with all
seventeen members to be appointed by the governor with the consent
of the senate:
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151
(1) The natural gas transmission pipeline industry; 152
(2) The natural gas distribution industry; 153
(3) Electric utilities; 154
(4) Electric cooperatives; 155
(5) Oil and gas producers; 156
(6) The telephone industry; 157
(7) Cable service providers; 158
(8) Locators of underground utility facilities; 159
(9) Municipal corporations; 160
(10) The department of transportation; 161
(11) The general public; 162
(12) The hazardous liquids pipeline industry; 163
(13) Designers, developers, or surveyors. 164
(C) The governor shall appoint an alternate member for each
member listed under division (B) of this section.
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(D) The terms of office for members initially appointed under
division (B) of this section shall be staggered at two, three, and
four years and determined by lot, except that the stakeholder
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group of the commercial excavator industry shall have only one
member with an initial two-year term. The term of office for each
member subsequently appointed shall be four years.
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(E) Each member and each alternate member may be reappointed
for an unlimited number of times.
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(F) If a vacancy occurs during a member's term of office, the
alternate member appointed for that member shall assume the
vacated office and serve the rest of the term. If a vacancy occurs
during the term of office of an alternate member, the governor
shall appoint a new alternate member in the same manner as an
original appointment.
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Sec. 3781.341. (A) A member of the underground technical
committee who has a conflict of interest in a particular review
under section 4913.15 of the Revised Code shall declare the
conflict to the committee and recuse self from committee
discussions and voting regarding that review.
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(B) An alternate member shall serve temporarily in the place
of the member for whom the alternate member was appointed if the
nonalternate member is a party to a review being conducted by the
committee under section 4913.15 of the Revised Code or if the
member has recused self under this section.
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Sec. 3781.342. The underground technical committee may
conduct meetings in person, by telephone, or by video conference.
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Sec. 3781.36. (A) The underground technical committee shall
do the following:
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(1) Coordinate with the public utilities commission in
carrying out its duties under Chapter 4913. of the Revised Code;
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196
(2) Provide subject matter expertise when requested during
inquiries conducted under section 4913.09 of the Revised Code;
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(3) Review reports in accordance with section 4913.15 of the
Revised Code;
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(4) Make recommendations under section 4913.15 of the Revised
Code;
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(5) Coordinate with the commission in establishing rules
under divisions (A)(1) and (2) of section 4913.45 of the Revised
Code;
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(6) Perform any additional duties as may be required under
this chapter.
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(B) The committee shall meet as necessary to carry out its
duties and meet the time-period requirements of division (B) of
section 4913.15 of the Revised Code, but not less than once every
three months. A majority of committee members constitutes a
quorum.
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Sec. 4905.041. (A) The public utilities commission has
exclusive jurisdiction to enforce, in accordance with Chapter
4913. of the Revised Code, sections 153.64, 3781.27, and 3781.28
to 3781.32 of the Revised Code and divisions (A) and (B) of
section 3781.26 of the Revised Code.
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(B) The commission's enforcement authority described in
division (A) of this section is limited to actions specifically
authorized by Chapter 4913. of the Revised Code upon the filing of
a complaint under section 4913.05 of the Revised Code.
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(C) Nothing in this section or Chapter 4913. of the Revised
Code gives the commission or the underground technical committee,
created under section 3781.34 of the Revised Code, the authority
to determine the civil liability of any person for any compliance
failure as that term is defined in section 4913.01 of the Revised
Code.
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Sec. 4913.01. As used in this chapter: 228
"Compliance failure" means a failure to comply with any
provision of sections 153.64, 3781.27, and 3781.28 to 3781.32 of
the Revised Code and divisions (A) and (B) of section 3781.26 of
the Revised Code.
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232
"Designer," "developer," "excavation," "excavator," "one-call
notification system," "person," "protection service," "underground
utility facility", and "utility" have the same meanings as in
section 3781.25 of the Revised Code.
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Sec. 4913.03. Each utility, excavator, developer, and
designer who participates in the one-call notification system
shall register with the public utilities commission and pay a
safety registration not to exceed fifty dollars annually, which
the commission may lower if the commission determines lowering the
registration to be necessary. The amounts shall be used to fund
the operation of the underground technical committee, created
under section 3781.34 of the Revised Code, and the commission in
the performance of duties under this chapter. The commission shall
administer and oversee the registration process. Failure to
register shall result in a fine of not more than two thousand five
hundred dollars.
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Sec. 4913.05. (A) Any person who has been aggrieved as a
result of a compliance failure may file a complaint with the
public utilities commission to seek punitive action against the
person responsible for the alleged compliance failure.
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(B) A complaint filed under this section shall state, at a
minimum and with particularity, the name of the person responsible
for the alleged compliance failure, the date of the compliance
failure, the nature of the compliance failure, the location of the
compliance failure, and any other information that the complainant
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considers relevant. 258
(C) The commission shall, not later than five business days
after receiving a complaint under this section, notify the person
responsible for the alleged compliance failure that the complaint
was filed.
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Sec. 4913.07. If a complaint is filed under section 4913.05
of the Revised Code, the person responsible for the alleged
compliance failure may, not later than thirty days after receiving
notice under that section, respond to the complaint, providing any
information that the person considers relevant to the complaint.
The response may include an admission of the compliance failure.
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Sec. 4913.09. (A) The public utilities commission shall
conduct an inquiry upon receiving a complaint made under section
4913.05 of the Revised Code. The inquiry shall be limited to
whether there was a compliance failure.
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(B) During an inquiry conducted under this section, the
commission shall examine relevant facts regarding the alleged
compliance failure and may request records verification, informal
meetings, teleconferences, photo documentation, and any other
documentation or information relevant to the inquiry.
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Sec. 4913.13. The public utilities commission shall make a
report of each inquiry conducted under section 4913.09 of the
Revised Code to the underground technical committee, created under
section 3781.34 of the Revised Code. The report shall contain any
admission made under section 4913.07 of the Revised Code by the
person who is the subject of the inquiry. This report shall not
contain a recommendation as to the imposition of a fine or
penalty.
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Sec. 4913.15. (A) The underground technical committee shall 286
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review every report submitted by the public utilities commission
under sections 4913.13 and 4913.16 of the Revised Code.
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(B) Not later than ninety days after the committee receives
the commission's report under section 4913.13 of the Revised Code,
the committee shall do either of the following:
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(1) Make a recommendation to the commission as to the
imposition of a fine, a penalty, or a combination of fines and
penalties, in accordance with section 4913.151 of the Revised
Code;
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(2) Dismiss the case and notify the commission of the
dismissal.
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(C) There shall be a majority vote of the full committee,
with at least one of the commercial-excavator stakeholders voting
with the majority, for the committee to do either of the
following:
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(1) Recommend a fine, penalty, or a combination of fines and
penalties under this section or section 4913.16 of the Revised
Code;
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(2) Dismiss a case under this section or section 4913.16 of
the Revised Code.
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If the committee fails to achieve the required majority for
any action described in divisions (C)(1) and (2) of this section,
it shall notify the commission.
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Sec. 4913.151. (A) In determining a fine or penalty
recommendation as required under section 4913.15 or 4913.16 of the
Revised Code, the underground technical committee shall consider
the following, as applicable:
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(1) The person's demonstrated history of one-call, design,
and excavation practices, including the following:
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(a) The number of locate requests received and responded to; 316
(b) The number of locates completed; 317
(c) The number of one calls placed; 318
(d) The number of excavations completed; 319
(e) The number of design or development projects. 320
(2) The nature, circumstances, and gravity of the compliance
failure, including the amount of damage involved in relation to
the compliance failure, and whether it resulted in death, serious
injury, dismemberment, or a significant threat to public safety;
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324
(3) The organizational size of the responsible person; 325
(4) The prospective effect of a fine on the person's ability
to pay business obligations and otherwise conduct business;
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(5) The history or number of compliance failures by the
person;
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(6) The good faith effort on the person's part in attempting
to achieve compliance after the compliance failure was identified.
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(B)(1) If the compliance failure is the first for the person
responsible, the committee may recommend a penalty of a training
requirement, an education requirement, or another penalty, or may
recommend a fine not exceeding two thousand five hundred dollars,
or may recommend a combination of this fine and these penalties.
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336
(2) If the compliance failure is a subsequent compliance
failure for the person responsible, the committee may recommend a
penalty of a training requirement, an education requirement, or
another penalty, or may recommend a fine not exceeding five
thousand dollars, or may recommend a combination of this fine and
these penalties.
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342
Any penalty recommended under this division shall be
appropriately related to enforcement of the provisions enumerated
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in division (A) of section 4905.041 of the Revised Code. 345
Sec. 4913.152. The underground technical committee may
communicate with responsible persons as part of the committee's
review under section 4913.15 of the Revised Code and to assist the
committee in making recommendations under that section and section
4913.16 of the Revised Code.
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Sec. 4913.16. (A) If the underground technical committee
fails to make a recommendation during the ninety-day time period
required under division (B) of section 4913.15 of the Revised
Code, and the committee has not dismissed the case, the public
utilities commission shall make a recommendation as to a fine or
penalty. The commission shall amend the initial report made under
section 4913.13 of the Revised Code to add the recommendation, and
shall submit the amended report to the committee.
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(B) Not later than thirty days after the committee receives
the amended report, the committee shall do either of the
following:
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(1) Make a recommendation to the commission as to the
imposition of a fine, penalty, or a combination of fines and
penalties in accordance with division (C) of section 4913.15 and
section 4913.151 of the Revised Code;
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(2) Dismiss the case and notify the commission of the
dismissal.
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(C) If the committee fails to make a recommendation during
the thirty-day time period required under division (B) of this
section, and the committee has not dismissed the case under that
division, the commission shall, at its sole discretion, impose a
fine or penalty consistent with section 4913.151 of the Revised
Code.
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Sec. 4913.17. (A) Based upon the number and type of
compliance failures committed by a person, the underground
technical committee may find, as part of the committee's review
under section 4913.15 of the Revised Code, that the person is a
persistent noncomplier.
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(B) The committee shall report a finding made under division
(A) of this section to the public utilities commission.
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(C) There shall be a majority vote of the full committee,
with at least one of the commercial-excavator stakeholders voting
with the majority, for the committee to make a finding under
division (A) of this section.
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384
Sec. 4913.171. If the underground technical committee reports
that a person responsible for a compliance failure has been found
to be a persistent noncomplier under section 4913.17 of the
Revised Code, the public utilities commission may, at its sole
discretion, impose a fine on the person not exceeding ten thousand
dollars. A penalty recommended by the committee under section
4913.15 or 4913.16 of the Revised Code may also be imposed by the
commission.
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Sec. 4913.19. (A) The underground technical committee may
request a hearing with the public utilities commission if the
committee believes that any person responsible for a compliance
failure should be subject to a fine or penalty exceeding those
described in section 4913.151 of the Revised Code. As a result of
the hearing, the commission shall impose a fine or penalty at the
commission's discretion.
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(B) There shall be a majority vote of the full committee,
with at least one of the commercial-excavator stakeholders voting
with the majority, for the committee to request a hearing under
division (A) of this section.
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Sec. 4913.21. Except as provided in sections 4913.171 and
4913.19 of the Revised Code, the public utilities commission shall
impose every recommendation made under section 4913.15 or 4913.16
of the Revised Code by the underground technical committee.
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Sec. 4913.22. A person subject to a fine imposed under
section 4913.171, 4913.19, or 4913.21 of the Revised Code or
division (C) of section 4913.16 of the Revised Code shall pay the
fine not later than sixty days after the fine or penalty is
imposed. A person subject to a penalty imposed under any of those
sections or that division shall begin compliance with the penalty
not later than thirty days after the penalty is imposed.
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Sec. 4913.23. The public utilities commission shall notify
the complainant and the person responsible for the compliance
failure of any fine or penalty imposed under section 4913.171,
4913.19, or 4913.21 of the Revised Code or division (C) of section
4913.16 of the Revised Code, or of a dismissal under section
4913.15 or 4913.16 of the Revised Code. The notice shall include
all of the following, as applicable:
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421
(A) The date of the compliance failure; 422
(B) The citation to the statute that was not complied with; 423
(C) A brief description of the compliance failure; 424
(D) The fine or penalty to be imposed, if any; 425
(E) Instructions on how to remit payment of a fine or to
comply with a penalty;
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427
(F) Instructions on how the person may file for
reconsideration under section 4913.25 of the Revised Code and how
to make a timely filing;
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(G) A statement that failure to file for reconsideration 431
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under section 4913.25 of the Revised Code will make any findings
final and enforceable.
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Sec. 4913.25. (A) If either the complainant or the person
responsible for the compliance failure disagrees with a finding
made by the underground technical committee under section 4913.15
or 4913.16 of the Revised Code, either person may, not later than
thirty days after receiving notice under section 4913.23 of the
Revised Code, file a written application with the public utilities
commission for reconsideration of the committee's finding. The
application for reconsideration must state with particularity the
grounds for reconsideration.
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(B) Upon the filing of an application for reconsideration
under this section, the commission shall review the finding of the
committee.
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(C) At the commission's sole discretion, the commission may
hold a hearing on the application for reconsideration.
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(D) The commission shall affirm, reject, or modify the
finding of the committee and shall, at its sole discretion, impose
any fine or penalty authorized under this chapter. The person
responsible for the compliance failure shall pay any fine not
later than sixty days after the fine is assessed and shall begin
compliance with any penalty not later than thirty days after the
penalty is imposed.
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Sec. 4913.27. (A) All hearings brought under this chapter
shall be conducted in a manner consistent with Chapter 4903. of
the Revised Code.
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(B) The public utilities commission shall deposit all fines
collected under this chapter into the underground facilities
protection fund created under section 4913.29 of the Revised Code.
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Sec. 4913.29. There is hereby created in the state treasury
the underground facilities protection fund. The fund shall consist
of all fines collected under this chapter. The fund shall retain
the interest earned. The amounts in the fund shall be used solely
to fund grants under section 4913.31 of the Revised Code.
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Sec. 4913.31. (A) The public utilities commission may
administer an underground utility damage prevention grant program
to provide grants for any of the following purposes:
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(1) Public awareness programs established by a protection
service;
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(2) Training and education programs for excavators,
operators, designers, persons who locate underground utility
facilities, or other persons;
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(3) Programs providing incentives for excavators, operators,
persons who locate underground utility facilities, or other
persons to reduce the number and severity of compliance failures.
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(B) The commission shall determine the appropriate amount of
any grant issued under this section.
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Sec. 4913.45. (A) The public utilities commission shall, in
coordination with the underground technical committee, adopt rules
regarding all of the following:
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(1) Guidelines for consistent application of fines and
penalties under this chapter;
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(2) Tracking compliance of persons on whom fines or penalties
have been imposed under this chapter;
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(3) The required contents of the underground utility damage
prevention grant program established under section 4913.31 of the
Revised Code;
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(4) The gathering, review, and acceptance of applications for
a grant under section 4913.31 of the Revised Code;
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(5) The dispensation and tracking of money from the
underground utility damage prevention fund;
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(6) The committee's duties, including rules that establish
the committee's operation, meeting schedule, and voting
procedures.
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(B) The commission may adopt rules establishing the
following:
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(1) Procedures for conducting inquiries under section 4913.09
of the Revised Code;
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(2) Any other duties for the underground technical committee
pursuant to section 3781.36 of the Revised Code.
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Sec. 4913.47. Notwithstanding any provision of the Revised
Code to the contrary, if a person is subject to more than one fine
for the same compliance failure, and one fine is imposed under
this chapter and one or more other fines are imposed under federal
law, rules, or regulations, the person shall not be required to
pay the fine imposed under this chapter.
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Sec. 4913.50. Any proceeding held under this chapter or any
fine or penalty imposed under this chapter shall neither prevent
nor preempt the right of any party to obtain civil damages for
personal injury or property damage in a private cause of action.
No finding, determination, or recommendation of the underground
technical committee and no decision of the public utilities
commission shall be determinative of civil liability.
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Sec. 4913.52. A person with a permit for excavation from the
state or a local governmental unit is subject to this chapter.
This chapter does not affect or impair local ordinances, charters,
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or other provisions of law requiring permits to be obtained before
excavating.
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Section 2. That existing section 3781.25 of the Revised Code
is hereby repealed.
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This document was provided by the Ohio Home Builders Association as an educational and informational document. For any further clarifi cation or questions on this document, you can contact the Ohio Home Builders Association directly at 614-228-6647.