Report on Petitions Summary of petitions received to revise the 2011 Ohio Fire Code

June 13, 2017 Ohio Department of Commerce Division of State Fire Marshal

Jacqueline T. Williams, Director

Jeff Hussey, Interim State Fire Marshal

Division of State Fire Marshal 8895 E. Main Street Reynoldsburg, OH 43068 614-752-8200 614-752-7213 (fax) 888-252-0803 (toll free) 800-750-0750 (TTY/TDD) www.com.ohio.gov

An Equal Opportunity Employer and Service Provider

Table of Contents

The Ohio Fire Code Rule Revision / Development Process ii

The Five Steps to the Rule Revision / Development Process ii

The Petition Period ii

The Comment Period iv

Common Sense Initiative vi

Joint Committee on Agency Rule Review vii

Publication and Training ix

SFM Fire Code Work Group ix

Online Ohio Fire Code Petition / Comment Form xi

Index to Petitions xii

Detailed Report on Petitions 1

i The Ohio Fire Code Rule Revision/Development Process

The Ohio Department of Commerce, Division of State Fire Marshal (hereinafter, “SFM”) has begun its periodic review of the existing Ohio Fire Code and SFM rules (also known as Ohio Administrative Code sections 1301:7-7-01 through 1301:7-7-47) (hereinafter, collectively “OFC”). The purpose of this review is to comply with relevant Chapters of the Ohio Revised Code (hereinafter, “R.C.”) and specifically sections 119.03 and 119.032, and to update current Ohio Fire Code provisions to incorporate the most current standards and best practices where needed.

The process to update the OFC includes a review of the International Code Council’s International Fire Code (here the 2012 and 2015 versions) (hereinafter, “IFC”) and the incorporation of certain relevant provisions of the IFC into a new version of the Ohio Fire Code. This new Ohio code will ultimately be known as the 2017 Ohio Fire Code. In addition, the SFM considers petitions submitted by stakeholders and interested parties. The SFM values the input of its stakeholders and encourages the participation of all Ohioans in the rule revision/development process. Therefore, the SFM opened a call for petitions in October 2015.

All changes or modifications submitted to the SFM for consideration were reviewed by an internal working group formed by the SFM, known as the SFM’s Ohio Fire Code Work Group (WG). The WG has primary responsibility for processing all petitions submitted and duly considers and takes action regarding each petition.

The Five Steps of the Rule Revision / Development Process

Pursuant to Ohio law and the internal operating procedures of the SFM, there are generally five steps in the OFC review and revision process. This process begins with the submission of ideas by interested parties and ends with the final filing and adoption of the new rules by the SFM. The five steps of this process are as follows:

1. The Petition Period. This is the period when a stakeholder or other interested party may submit one or more written petitions to the SFM for consideration and adoption. Petitions may suggest a new provision be added to the OFC, the revision or deletion of an existing provision of the OFC, or a revision to a newly drafted/proposed provision of the IFC.

 Although Petitions for rule changes are accepted by the SFM at any time, Petitions must be received prior to the end of the set Petition Period to ensure their consideration during the current code revision cycle. Any Petition received after the close of the Petition Period may not be considered for adoption until the next code revision cycle.

. The Petition Period for the 2017 Code Revision Cycle closed November 20, 2015.

 All petitions must meet the requirements of Section 113 of the OFC, which provides:

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Ohio Administrative Code §1301:7-7-1(M) / OFC § 113 Amendments to the fire code.

113.1 When any person desires to petition the state fire marshal to adopt, amend or rescind a provision of this code, such person shall file on a format prescribed by the state fire marshal the petition with the state fire marshal.

113.2 The petition shall include the following: (a) The date the petition is submitted; (b) The number of the section of this code which is proposed for amendment, adoption or rescission; (c) The section numbers of all other sections of this code which will be affected by the matter proposed; (d) The name and address of the petitioner and the name of the petitioner’s representative if a representative is employed; (e) The provisions of this code, which are proposed for adoption, amendment or rescission stated in full and in the form specified in this rule; (f) The reasons for and purpose of the matter proposed; (g) The adoption, amendment or rescission of any provision of this code shall be accomplished according to Chapter 119. and sections 3737.82 and 3737.86 of the Revised Code.

113.3 Changes. Petitions for adoption, amendment or rescission of this code, required under this rule, shall conform to the requirements of this rule including:

113.3.1. All matter proposed to be eliminated from this code shall be deleted by means of striking through the text.

113.3.2. All proposed new matter to be inserted into this code shall be inserted and be underlined.

 All Petitions must be submitted on the on-line form designated by the SFM. For those who cannot access the online form, the Division of State Fire Marshal, Code Enforcement Bureau (hereinafter, “CEB”) is available to assist and can be contacted at 8895 E. Main Street, Reynoldsburg, OH 43068, via phone at (614) 728-5460 or (888) 276-0303, via facsimile at (614) 728-5168, or at [email protected].

. Petitions may be submitted on any topic pertaining to the OFC, and petitioners can file as many petitions as necessary; however, each Petition should be limited to one topic.

. All information in the petition form must be completed (e.g., all fields in the form must be filled out). Incomplete Petitions may be rejected by the SFM for that reason. But, generally, the WG will return deficient Petitions to the submitter for revision.

. The submitter of a Petition may withdraw the Petition before the published petition closing date. Petitions cannot be withdrawn after the established petition closing date.

iii  All Petitions submitted will be reviewed and thoroughly researched and considered by the WG.

. The WG will take one of the following actions in response to each Petition submitted:

o Approve (or approve in part) – The language proposed in the petition (or a portion of it) will be included in the updated OFC as submitted.

o Approve as modified – the language in the proposal will generally be included in the OFC, but the language will be modified.

o Disapprove (or disapprove in part) – The language proposed in the Petition (or a portion of it) will not be included in the updated OFC.

o Withdrawn – The proposed language was later withdrawn by the Petitioner and, therefore, not considered by the WG.

. The WG submits each of its recommendations to the SFM who then either authorizes or disapproves the action (and/or proposed changes) for inclusion in the ROP (see below). More information regarding the process used by the SFM’s WG is contained below.

 After the Petition Period closes, the SFM publishes a proposed draft of the 2017 OFC and a compendium report of all submitted petitions and the WG’s response to each of the Petitions. This report is called the “Report on Petitions” or “ROP.”

. The instant document is the ROP for the 2017 OFC update and is accompanied by a “Draft 2017 OFC.”

. The Draft 2017 OFC and the ROP will be available for review by any person via the SFM’s website (www.com.ohio.gov/fire) throughout the rule revision process.

. With the publication of this ROP and the Draft 2017 OFC the Comment Period commences.

2. The Comment Period. This is the period when a stakeholder or interested party may submit one or more written comments regarding one or more of the previously submitted Petitions and the action taken on the Petition by the WG. The stakeholder may submit comments on a Petition submitted by any party either advocating for or discouraging adoption of the proposed rule or rule amendment. The Comment Period also includes stakeholder meetings. Various stakeholder meetings will be held during the Comment

iv Period to allow stakeholders an additional opportunity and a specific forum to be heard and to convey their perspectives and ideas with the SFM and the WG.

. Stakeholder meetings afford stakeholders the opportunity to ask questions regarding specific actions taken by the WG, and provide the SFM and SFM’s WG an opportunity to clarify any issues with stakeholder petitions. This ensures the WG fully understands the perspective of stakeholders and the intent of their submitted petitions and/or their input on any petitions submitted.

. Specific dates and locations for stakeholder meetings are set and published on the SFM’s website. In addition, the SFM makes every attempt to contact stakeholders via e-mail. Finally, stakeholders may periodically contact the CEB to inquire whether and when meetings are scheduled. The CEB may be contacted at 8895 E. Main Street, Reynoldsburg, OH 43068, at (614) 728-5460 or (888) 276-0303, via facsimile at (614) 728-5168, or at [email protected].

 Comments on the Draft 2017 OFC or the petitions previously submitted and as reported in the ROP are accepted from the time the ROP is published until the closing of the Comment Period. The Comment Period lasts no less than thirty days and the specific date the Comment Period ends is published on the SFM’s website.

. The Comment Period for the 2017 Code Revision Cycle is now open and will remain open until Friday, July 21, 2017, unless extended by the SFM.

 Comments must be submitted on the on-line form designated by the SFM. For those who cannot access the online form, the CEB is available to assist and can be contacted at 8895 E. Main Street, Reynoldsburg, OH 43068, via phone at (614) 728-5460 or (888) 276-0303, via facsimile at (614) 728-5168, or at [email protected].

. All Comment Forms must reference the Petition Number that the comment concerns. [All Petitions are assigned a number by the SFM when they are received and are thereafter referenced by that number. The Petition Number assigned to a particular Petition can be found in the ROP.]

. All information in the Comment Form must be completed (e.g., all fields in the form must be filled out). Incomplete comments may be rejected by the SFM for that reason. But, generally, deficient comments will be returned to the submitter for revision.

. Comments may be submitted on any petition previously submitted and contained in the ROP. Commenters may file as many comments as necessary; however, each Comment Form should be limited to one topic and must address only the specific Petition Number referenced.

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. The submitter of a comment may withdraw the comment before the published comment closing date. Comments cannot be withdrawn after the established comment closing date.

 Each comment submitted is thoroughly researched and considered by the WG. The WG will prepare a response to each comment.

. The process and actions of the WG are the same used by the WG in considering Petitions (i.e., each comment will be approved, approved in part/disapproved in part, approved as modified, disapproved, or withdrawn).

 The WG submits each of its responses to the SFM who will authorize or disapprove their inclusion in the ROC (see below).

 After the Comment Period closes, the SFM WG prepares a compendium report of all submitted comments along with the WG’s response to each of the comments. This report is called the “Report on Comments” or “ROC.”

. The ROC and a “Revised Draft 2017 Ohio Fire Code” (which incorporates any additional changes made during the Comment Period is submitted to the Department of Commerce for approval.

. After approval, the ROC is publicly released and published on the SFM’s website along with the Revised Draft 2017 Ohio Fire Code.

. The ROC and the Revised Draft 2017 Ohio Fire Code will be published approximately 2-4 weeks after the end of the Comment Period.

. The ROC and the Revised Draft 2017 Ohio Fire Code will be made available for review by any person via the SFM’s website and will remain on the SFM’s website throughout the remainder of the code revision process.

 With the publishing of the ROC and the Revised Draft 2017 Ohio Fire Code, the formal rule adoption process starts (i.e., CSI and JCARR).

3. The Common Sense Initiative (CSI) and e-Notification Process. The CSI requires all state agencies that propose rules that will impact Ohio businesses to file the proposed rules with the CSI Office for analysis. The CSI Office reviews the proposed rules to determine if the regulatory intent of the rule justifies the impact to businesses. This process enables individuals, businesses and other interested parties to track, review and comment on rules that are being proposed or reviewed by the SFM (or any other Ohio regulatory agency). Interested parties may sign up for e-Notification at http://business.ohio.gov/reform/ and

vi will thereafter receive e-notification of proposed rule changes from any specific regulatory agency or on any subject area that the user chooses.

 Before filing with the CSI office, the SFM prepares a Rule Packet regarding the proposed rules that are being submitted for formal review to CSI and ultimately to JCARR (see below).

 The Rule Packet consists of all of the following:

. A draft of the propose new rule(s) (i.e., the Revised Draft 2017 OFC)

. A Business Impact Analysis

. A Public Notice

o The Public Notice is issued to all affected stakeholders and notifies them of proposed changes to the OFC. The Public Notice identifies the rules being affected by the proposed change(s) and provides a summary of the change(s).

o Any entity or individual may contact the SFM’s CEB and request to be added to the SFM’s stakeholder list.

 After the Rule Packet is submitted to the CSI Office, CSI staff reviews the Rule Packet and issues a recommendation regarding it.

 After receipt of the CSI recommendation, the SFM reviews the recommendation and proceeds accordingly.

. This includes a review and incorporation of CSI comments, if any, and the filing of a response to the CSI office by the SFM, known as a Letter of Acknowledgment.

. The SFM’s Letter of Acknowledgment to the CSI Office sets forth the SFM’s response to any CSI recommendation and the SFM’s justification for the response. It also includes the SFM’s intent regarding how the SFM will proceed with the rule.

 Once the SFM has filed its Letter of Acknowledgement with the CSI Office, the SFM may proceed with the JCARR process.

4. Joint Committee on Agency Rule Review (JCARR) Process. This is the formal rule review and adoption process and involves meeting the requirements of R.C. Chapter 119 and § 3737.86. This process begins with the filing of the proposed new rule with JCARR and the State Fire Council. The purpose of JCARR is to review proposed new, amended,

vii and rescinded rules from Ohio’s regulatory agencies (including the SFM) to ensure they do not exceed the agency’s rule-making authority.

 When filing with JCARR, the SFM must file the following documents:

. A draft of the proposed new rule(s) (i.e., the Revised Draft 2017 OFC)

. A Rule Summary and Fiscal Analysis

. A Business Impact Analysis (the same document(s) filed with CSI)

. The CSI Recommendation regarding the proposed rule

. The SFM’s Letter of Acknowledgment to the CSI Recommendation

 All of these documents are published in the Register of Ohio and/or made available through the JCARR filing system.

 JCARR’s “jurisdiction” lasts for 65 days.

. Between days 31 and 40 of JCARR’s jurisdiction period, the SFM must hold a public hearing in accordance with R.C. § 119 and OFC § 114.

o The public hearing is held at the SFM’s offices and is open to all interested parties.

o The date and time for the public hearing concerning the 2017 Ohio Fire Code is set and published after the JCARR process is initiated. The date is published on the SFM’s website.

o At the public hearing, the SFM receives oral and written testimony regarding the proposed rules.

o After the public hearing the SFM prepares a Hearing Summary Report, which summarizes all of the comments received during the hearing process. The Hearing Summary Report is filed with JCARR and made available on the SFM’s Website.

. Between days 41 and 65 of JCARR’s jurisdiction, the proposed rule is scheduled for a JCARR hearing. At the JCARR hearing, JCARR hears testimony from interested parties regarding the validity of the rule and takes formal action regarding the rule. JCARR either approves the rule or recommends the rule for invalidation.

viii o If JCARR recommends invalidation of the rule, the rule is submitted to the Ohio Legislature for consideration.

 The Legislature either approves the rule or invalidates the rule. If the Legislature approves the rule, the SMF may move forward with final adoption of the rule. If the Legislature invalidates the rule, the SFM may not move forward with the adoption of the rule.

o If JCARR approves the rule, the SFM may move forward with final filing of the rule and its final adoption.

. Upon approval and/or after the end of JCARR’s jurisdiction, or 66 days after the submission of the rule to JCARR, the SFM may “Final File” the proposed rule.

. Ten days after the rule is “Final Filed” it can become effective.

o The actual effective date will be set by the SFM and is announced and published on the SFM’s website and in the Register of Ohio.

 After the JCARR process concludes and the rule is Final Filed, the SFM proceeds with publication of and training regarding the 2017 Ohio Fire Code.

5. Publishing and Training. Publishing of and training on the 2017 Ohio Fire Code will be the final step in the rule revision / development process. Hard copy and on-line versions of the 2017 OFC will be published. The SFM will also hold regional training meeting regarding significant changes to the OFC. The meetings are held throughout the state and are open to the public. Dates and locations for training will be published on the SFM’s website.

SFM Fire Code Work Group

As stated above, all changes or modifications submitted to the SFM for consideration are reviewed by SFM’s WG. The WG has primary responsibility for processing all petitions and comments submitted and duly considers and takes action regarding each. The WG consists of various SFM staff members as follows:

 Chief Deputy State Fire Marshal (who serves as Chair of the WG)  SFM Division Legal Counsel  SFM Assistant Division Legal Counsel  SFM Code Enforcement Bureau Chief  SFM Code Enforcement Administrative Staff  SFM Code Enforcement Bureau District Assistant Chiefs and Fire Safety Inspectors (as needed)

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The WG takes one of several actions regarding each petition and comment submitted, each is discussed in detail below.

The WG may “approve” (or “approve in part”) a petition or comment submitted. This means that the petition or comment (or a part of it) will be incorporated into the proposed changes to the OFC. A petition or comment may be “approved as modified.” This means that the basic premise of the language will be included, but slight variations will be made – either to change text, or to change numbering or a location of the language. The WG may also “disapprove” a petition or comment. This means that the petition or comment will not be incorporated into the proposed changes of the OFC. The WG may also make “editorial” revisions to OFC language – to correct grammatical, typographical, or numerical corrections from the prior version of the OFC. For each action taken by the WG, the WG provides a statement regarding the reason(s) for the action taken. The statement is intended to be sufficiently detailed so as to convey the WG’s rationale for its action.

The WG may combine petitions or comments. This will be done if a number of petitions or comments are received with the same recommendation and with similar substantiation. If this is done, the statement regarding the affected petitions or comments will contain a summary of the submitted material.

If a submitted petition or comment proposes language with an inaccurate rule number or legal code citation, the WG will renumber the language in order to correctly cite the exact part of the rule that the petition or comment addresses. Ultimately, the Ohio Fire Code must conform to Legislative Service Commission (LSC) Guidelines for rule numbering (A copy of the LSC rules can be found here: www.lsc.state.oh.us/membersonly/127rulemaking.pdf).

The WG may make non-substantive changes to the OFC. These non-substantive changes may include addressing acronyms, capitalization, verb tense and other minor punctuation issues. These changes may be made by the WG without petition or comment. They will be identified in the proposed rules using underline/strikeout edits.

The submitter of a petition or comment may withdraw the petition/comment before the published petition/comment closing date. Petitions/comments cannot be withdrawn after the established petition/comment closing date.

x Online Ohio Fire Code Comment Form

xi

INDEX TO PETITIONS

Petition 2011 OFC Rule or Section -Topic ROP Page Number [If a 2011 OFC Chapter is relocated in the 2017 OFC, a Number bracketed reference to the 2017 OFC is also included] 1 OFC – Incorporation of 2015 IFC 1 2 OFC – Editorial Changes 1 3 OFC 2205.6 [OFC Rule 23] – MV Fueling Warning Signs 1 4 OFC 609.3.3.2 - Grease Accumulation 2 5 OFC 2204.3.7; 2204.3.11 [OFC Rule 23] - Unattended self- 2 service motor fuel-dispensing facilities 6 OAC 1301:7-9 (BUSTR) 4 7 OAC 1301:7-9 (BUSTR) 4 8 OAC 1301:7-9 (BUSTR) 5 9 OAC 1301:7-9 (BUSTR) 5 10 OAC 1301:7-9 (BUSTR) 5 11 OFC 502.1 - Definitions 5 12 OFC 503.2.1, 503.6 - Access Road Dimensions 6 13 OFC 104.6.3.1 – Fire Department Reporting 7 14 OFC 3301.2.3 [OFC Rule 56] – Fireworks Permits 7 15 OFC 3302.1 [OFC Rule 56] Definitions -1.4G Fireworks 8 16 OFC 3302.1 [OFC Rule 56] Definitions - Novelties and Trick 9 Noisemakers 17 OFC 3314.2 Sales [OFC Rule 56] – Fireworks Sales 9 18 OFC 2204.3.11 [OFC Rule 23] – CNG Fueling 10 19 OFC 2202.1[OFC Rule 23] – Fleet Fueling 11 20 OFC 2306.6.1.1 [OFC Rule 32] – High Piled Storage 11 21 OFC 2306.6.1.1 [OFC Rule 32] – High Piled Storage 12 22 OFC 2204.3.11 [OFC 23] – CNG Fueling 12 23 OFC 2306.6.1.1 [OFC Rule 32] – High Piled Storage 14 24 OFC Rules 1, 22, 27 and 34 [OFC 1, 23, 50, 57] 15 25 OFC 3320.1 [OFC 56] Fireworks Construction 15 26 OFC Rules 1-47 [OFC 1-80] 16 27 OFC Rules 1-47 [OFC 1-80] 17 28 OFC 915.14 – Fire Protection Installer Certification 17 29 OFC 115 – Research Reports and Testing Laboratories 19 30 OFC 202 - Definitions 21 31 OFC 5003.1.1(1) Table 22 32 OFC 603, 604, 607, 609 – Building Services and Systems 23 33 OFC Rule 9 – Fire Protection Systems 25 34 OFC Rule 10 – Means of Egress 26 35 OFC Rule 34 [OFC Rule 57] 27

xii 36 OFC 2204.3.11 [OFC Rule 23] CNG Dispensing 28 37 OFC 2204.3.11[OFC Rule 23] CNG Dispensing 29 38 OFC 3404.2.9.8 [OFC Rule 57] - Inspection 30 39 OFC 3404.2.9.7 [OFC Rule 57] - Installation 31 40 OFC 3403.6 [OFC Rule 57] – Testing 31 41 OFC 3404.2.9.6.8 [OFC Rule 57] Spill containers 32 42 OFC Rule 45, OFC 1106.2 [OFC Rule 36, OFC Rule 20] - 32 Aviation 43 OFC Rule 45, OFC 1106.2 [OFC Rule 36, OFC Rule 20] - 33 Aviation 44 OFC 1106.2 [OFC Rule 20] - Aviation 33 45 OFC Rule 45, OFC 1106.2 [OFC Rule 36, OFC Rule 20] - 34 Aviation 46 OFC 104.2.2 – Construction 34 47 OFC 105.7.5 - Permits 35 48 OFC 105.3.3.1 – Occupancy 36 49 OFC 105.3.7 – Permits 36 50 OFC 104.2.2.2 – Construction Documents 37 51 OFC 104.2.2.1 – Construction Documents 37 52 OFC 105.4.1- Construction Documents 38 53 OFC 105.7.1 – Permits 38 54 OFC 105.7.6 – Permits 39 55 OFC 510 – Emergency Responder Radios 39 56 OFC Rule 46 [OFC Rule 11] – Existing Structures 40 57 OFC Rule 46 [OFC Rule 11] – Existing Structures 40 58 OFC 903.2.3 – Group E Fire Protection 41 59 OFC 304.1.4 – Open Flame Cooking 41 60 [OFC 5307] – Carbon Dioxide Systems 42 61 OFC 402.1, 402.2, 404.3.2 – Emergency Drills 42 62 [OFC 605.11] – Solar Photovoltaic Power Systems 47 63 OFC 47 [OFC 80] – Referenced Standards 48 64 OFC Rule 24 – Mobile Food Establishments 48 65 OFC Rule 25 – Asphalt Shingles 56 66 OFC 404.4 – Evacuation Plans 58 67 OFC 404.3.2 – Evacuation Plans 59 68 OFC Rule 30 [OFC Rule 53] – Carbon Dioxide Systems 60 69 OFC Rule 9 – Carbon Dioxide Systems 60 70 OFC 609.2 – Commercial Cooking 61 71 OFC 901.6.2 – Inspection Records 62 72 OFC 915.4, OFC 703.2 – Fire Doors 62 73 OFC 703.2 – Opening Protectives 63 74 OFC 903.2.8 – Fire Protection Systems 63 75 OFC 703.2 – Opening Protectives 64 76 OFC 903.2.8 – Fire Protection Systems 65 77 OFC 915.4, OFC 703.2 – Fire Doors 66

xiii 78 OFC 805 – Upholstered Furniture 67 79 OFC 3401.2 [OFC 57] 68 80 [OFC 1101.1, 1103.9, Table 1103.1] – Carbob Monoxide 69 Alarms 81 OFC 104.1 – Code Interpretation 70 82 OFC 122.6.4 – SFM Hearings 71 83 OFC Rule 80 – Referenced Standards for Ammonium Nitrate 72 84 OFC 105.6.29, OFC 304.1.1- Asphalt Shingle Permits 73 85 OFC 105.1.1.1.7 – Ammonium Nitrate Permit 73 86 OFC 3401.4, OFC 105.1.1.1.2, 603.1, 34.01.2 [OFC Rule 34 74 moves to OFC Rule 57] 87 OFC 915 – Fire Protection Installers 74 88 OFC 3301.2.5 [OFC 56] – Explosives Surety Bonds 82 89 OFC 3401.1.2 [OFC 57] – ASTs 82 90 OFC Rule 2, OFC 319 – Mobile Food Units 83 91 OFC 901.5 – Acceptance Testing 87 92 OFC Rule 2, 1008.1.9, 1008.1.9.3, 1008.1.9.5 – School 87 Egress 93 OFC 315, PFC 504 – Attic Access 90 94 OFC 3315.6 [OFC 56] Fireworks Permits and Licenses 90 95 OFC 507.1, 507.4, 509.2 - Water supplies 90 96 OFC 118 – Hotels 91 97 OFC 307.1.2 – Open Burning 107 98 OFC Rule 2, OFC 105.1.1.1.2, OFC 3401.2, 3401.4, 603.3.1 108 [OFC Rule 34 moves to OFC Rule 57] – ASTs 99 OFC Rule 33 [OFC Rule 56], OFC Rule 2 – Flame Effect 109 100 OFC 105.1.1.1.3, 105.1.1.1.4, 105.1.1.1.5, 105. 1.1.2 – OFC 109 Permits 101 OFC 403.4 – Apparatus Access 111 102 OFC 307.4.2.1 – Fire Pits 111 103 OFC 2203.2 [OFC Rule 23] – Emergency Disconnect 111 Services 104 OFC 3312.301, 3312.3.2, 3312.3.3 [OFC Rule 56] – 112 Fireworks Continuing Education 105 OFC 311.2.1.1 – Vacant Premises 113 106 OFC 101.2.1, 102.1.1, 102.1.2, 102.1.3, 102.7, 102.8, 104.8.4, 114 104.11.4, 120.3, 120.4, 120.6 and other portions of OFC Rule 1 – OFC Administration 107 OFC 101.2.2, 101.2.2.1, 101.2.2.2 - Scope 119 108 OFC 102.3.4 – OFC Occupancy Categories 121 109 OFC 103, OFC 101.6 – Political Subdivision Fire Codes 122 110 OFC 104.2.2, 106.3, 111.1 –Construction of Fire Protection 123 Systems 111 OFC 104.6.3, 117.3 – Fire Reports 124 112 OFC 104.10 – Fire Investigations 125

xiv 113 OFC 109.1 – 109.4, 102.3.1, 105.3.3.3.2, 107.6, 111.1, 901.7 126 - Enforcement authorities, including serious hazards 114 OFC 121 – Special Provisions, Type A & B daycares, Fire 131 Department Registry, Heroism Awards 115 OFC 3301.1.3 [OFC Rule 56] – Fireworks Retail Showrooms 135 116 OFC 3325.1 [OFC Rule 56] – Fireworks Purchaser Forms 136

xv Detailed Report on Petitions

Abbreviations used hereinafter in this document: BUSTR = Bureau of Underground Storage Tank Regulations IFC = International Fire Code OBC = Ohio Building Code OBBS = Ohio Board of Building Standards OFC = Ohio Fire Code R.C. = Ohio Revised Code SFM = State Fire Marshal SFM/CEB = State Fire Marshal, Code Enforcement Bureau SFM/T&R = State Fire Marshal, Bureau of Testing and Registration SFM/WG = State Fire Marshal, Ohio Fire Code Work Group

Petition ID: 1 Committee Action: Approved Submitter: SFM OFC Sections: All Proposed Change: Adopt and incorporate provisions of the 2012 IFC and 2015 IFC. Statement of Problem: The incorporation of relevant language from the 2012 and the 2015 versions of the IFC is necessary to bring the OFC in line with national standards. Certain changes will, however, be edited in order to retain prior Ohioizations of language and prior coordinated work with the OBBS. Committee Reason: Petition 1 is APPROVED. The incorporation of the 2012 and 2015 IFC is necessary to bring the OFC in line with the recent national standards. Petition ID: 2 Committee Action: Approved Submitter: SFM OFC Sections: Misc Proposed Change: Edit various provisions of the OFC to correct typographical and other non-substantive corrections. Statement of Problem: Non-substantive/typographical errors need to be corrected. Committee Reason: Petition 2 is APPROVED. The petition does not incorporate substantive changes to the language of the OFC, but will correct prior typographical and non-substantive errors that will add clarity to the provisions of the code. Petition ID: 3 Committee Action: Disapproved Submitter: John Singleton; West Licking JFD OFC Sections: 2205.6 Proposed Change: (6) 2205.6 Warning signs. Warning signs shall be conspicuously posted within sight of on the front of each dispenser in the fuel-dispensing area. which Warning signs shall be 12” by 14” and shall have red letters on a white background. Letters shall be __” high with a stroke width of __”. Warning signs shall not be obscured from view by any materials. Warning signs shall indicate the following: (a) No smoking. (b) Shut off motor. (c) Discharge your static electricity before fueling by touching a metal surface away from the nozzle. (d) To prevent static charge, do not reenter your vehicle while gasoline is pumping. (e) If a fire starts, do not remove nozzle-back away immediately. (f) It is unlawful and dangerous to dispense gasoline into unapproved containers. (g) No filling of portable containers in or on a motor vehicle. Place containers on ground before filling. (h) Persons using dispensers with hold-open latches must remain at the refueling point during refueling. (i) Turn off cell phone.

1 Statement of Problem: Signs are obsured, some too small to see, some are white letters on clear background mounted on stainless steel and can't be seen at all. Committee Reason: Petition 3 is DISAPPROVED. The proposed language conflicts with the International Fire Code; any proposed change to this language should be proposed at the model code (IFC) level.

Petition ID: 4 Committee Action: Approved as Modified Submitter: Randy Conforti, Precision Kleen, Inc. OFC Sections: 609.3.3.2 Proposed Change: 609.3.3.2 Grease Accumulation. If during the inspection it is found that hoods, grease- removal devices, fans, ducts or other appurtenances have an accumulation of grease, such components shall be cleaned in accordance with 2011 ANSI/IKECA C-10. Statement of Problem: The proposed code change greatly improves in defining specific requirements in the fire protection inspection and cleaning process found in common eating and drinking establishments. This proposed wording mirrors that which is currently in place in the International Fire Code 609.3.3.2. Committee Reason: Petition 4 is APPROVED AS MODIFIED. The proposed language will be accepted, but will be modified to maintain consistency with adoption and incorporation of the 2015 IFC as set forth in Petition 1. The language will be modified to read: “…shall be cleaned in accordance with ANSI/IKECA C10 as listed in rule 1301:7-7-80 of the Administrative Code.” Petition ID: 5 Committee Action: Approved Submitter: SFM/WG OFC Sections: 2204.3.7; 2204.3.11 Other OFC Sections: Rule 11 Proposed Change: Amend sections 2204.3.7 and 2204.3.11 as follows: 2204.3 Unattended self-service motor fuel-dispensing facilities. Unattended self-service motor fuel- dispensing facilities shall comply with paragraphs (D)(3)(a)(2204.3.1) to (D)(3)(m)(2204.3.13) of this rule, NFPA 30A as listed in division (A) of section 3741.14 of the Revised Code and the “Occupational Safety and Health Act of 1970” and any amendments thereto or standards as may be adopted by the state fire marshal pursuant to division (B) of section 3741.14 of the Revised Code. This paragraph shall not apply to an unattended fleet vehicle motor fuel dispensing facility. (a) 204.3.1 General. Where approved, unattended self-service motor fuel-dispensing facilities are allowed. As a condition of approval, the owner or operator shall provide, and be accountable for, daily site visits, regular equipment inspection and maintenance. (b) 2204.3.2 Dispensers. Dispensing devices shall comply with paragraph (F)(7)(2206.7) of this rule. Only card operated dispensing devices approved by authoritative sources listed in rule 1301:7-7-01 of the Administrative Code shall be used. Dispensing devices operated by the insertion of coins or currency shall not be used unless approved. Approved key- or card-operated dispensing devices may be activated by the customer with the use of an authorized key or card. (c) 2204.3.3 Emergency controls. Emergency controls shall be provided in accordance with paragraph (C)(2)(2203.2) of this rule. Emergency controls shall be of a type which is only manually resettable. (d) 2204.3.4 Operating instructions. Dispenser operating instructions shall be conspicuously posted in approved locations on every dispenser and shall indicate the location of the emergency controls required by paragraph (D)(3)(c)(2204.3.3) of this rule. (e) 2204.3.5 Emergency procedures. An approved emergency procedures sign, in addition to the signs required by paragraph (E)(6)(2205.6) of this rule, shall be posted in a conspicuous location and shall read: “IN CASE OF FIRE, SPILL OR RELEASE 1. USE EMERGENCY PUMP SHUTOFF 2. REPORT THE ACCIDENT!

2 FIRE DEPARTMENT TELEPHONE NO.______FACILITY ADDRESS______” (f) 2204.3.6 Communications. A telephone not requiring a coin to operate or other approved, clearly identified means to notify the fire department shall be provided on the site in a location approved by the fire code official. (g) 2204.3.7 Quantity limits. Dispensing equipment used at unsupervised locations shall comply with one of the following: (i) Dispensing devices shall be programmed or set to limit uninterrupted fuel delivery to 25 gallons (95 L) and require a manual action to resume delivery. (ii) The amount of fuel being dispensed shall be limited to an approved quantity by a preprogrammed card. Exception: This paragraph shall not apply to fixed dispensing equipment at an unsupervised location at an airport that is used to dispense fuel directly into the fuel tank of an aircraft. (h) 2204.3.8 Spill containment. Containment of small spills shall be controlled by grading the pavement away from the building and scoring the pavement or may be done by the use of an oil/water separator. (i) 2204.3.9 Dispensing devices. Existing listed or labeled dispensing devices shall be permitted to be modified provided that the modifications made are “Listed by Report” by an approved testing laboratory or as otherwise approved by the fire code official. Modification proposals shall contain a description of the component parts used in the modification and the recommended methods of installation on specific dispensing devices. Modification proposals shall be made available to the fire code official upon request. (j) 2204.3.10 Smoking prohibited. Gasoline and other flammable or combustible liquids shall be dispensed only by a person who is not smoking. Smoking shall be prohibited in the dispensing area. (k) 2204.3.11 Required fire protection. In addition to fire protection equipment otherwise required by this code, an unattended motor fuel-dispensing facility shall also include automatic fixed suppression systems, and automatic fire detection, and transmission of an alarm to an off-site approved supervising station in accordance with paragraph (C)(4)(a)(903.4.1) of rule 1301:7-7-09 of the Administrative Code. Exceptions: 1) That portion of an unattended motor fuel-dispensing facility that is exclusively used to dispense fuel directly from fixed dispensing equipment into the fuel tank of aircraft shall not be required to have an automatic fixed suppression or automatic fire detection system. 2) That portion of an unattended motor fuel-dispensing facility that is exclusively used to dispense fuel directly from fixed dispensing equipment into the fuel tank of aircraft shall not be required to have transmission of an alarm to an off-site approved supervising station provided that the facility installs a telephone line or call box that complies with all of the following: i) An operational and fully functioning telephone or call box shall be not less than 20 feet but not more than 100 feet from each dispensing location; ii) Each telephone or call box shall be properly and conspicuously identified; iii) Each telephone or call box shall not require a coin or other form of payment to operate; and iv) The telephone or call box shall be installed at a location that complies with the above and that is approved by the fire code official. (l) 2204.3.12 Signage. Signs shall be provided in accordance with paragraphs (D)(2)(c)(2204.2.3), (D)(2)(g)(2204.2.7) and (D)(3)(e) (2204.3.5) of this rule. (m) 2204.3.13 Signage material. All signs required by paragraph (D)(3)(l)(2204.3.12) of this rule shall be constructed of rigid, weather-resistant material. Statement of Problem: Add language to existing OFC sections 2204.3.7 and 2204.3.11 to exempt that portion of an airport that is used as an unattended motor fuel dispensing facility from OFC provisions that set maximum allowable quantities of fuel that can be dispensed without either manual interaction or a pre-

3 programmed card that limits dispensing to an approved quantity (code currently limits uninterrupted fuel delivery to 25 gallons and requires manual interaction to resume delivery); and to exempt airports from automatic fixed suppression and automatic fire detection system requirements, and to exempt that portion of an airport that is used as an unattended motor fuel dispensing facility from transmission of an alarm provided other conditions are met. Committee Reason: Petition 5 is APPROVED. It was not contemplated when the current OFC language was written that airport facilities would operate as unmanned fueling centers. The development and use of credit card readers has made it possible for airport facilities to operate as unmanned motor fuel-dispensing facilities. The current OFC provisions that limit maximum uninterrupted fuel quantities to 25 gallons without manual interaction at an airport facility is unwarranted. Aircraft fuel tanks are generally considerably larger than 25 gallons, and requiring an interruption of fuel every 25 gallons could potentially cause other issues. In addition, current OFC requirements for automatic suppression and detection at an airport facility are unfeasible. Current technology for suppression and detection systems would require a canopy type of system; such systems that could accommodate the size and varying designs of aircraft do not exist. Therefore, it is necessary to revise the current OFC provisions. Petition ID: 6 Committee Action: Disapproved Submitter: Steven M. Thickstun, Advanced Fuel Systems OFC Sections: 1301:7-9-06 (C)(4)(c) Proposed Change: Existing UST systems installed prior to March 1, 2011 that are single wall construction shall be required to pass an ullage test once every three years. Statement of Problem: Traditional tightness testing will not reveal any problems with leakage at risers and at points above testing fuel level. Committee Reason: Petition 6 is DISAPPROVED. The proposed change is beyond the scope of the OFC (Ohio Administrative Code 1301:7-7). The proposed code change concerns language and requirements contained in rules governing Underground Storage Tanks (Ohio Administrative Code 1301:7-9), which undergoes a separate code update process conducted by the SFM’s Bureau of Underground Storage Tank Regulations (BUSTR). The WG forwarded the proposed changes to BUSTR for consideration. Petition ID: 7 Committee Action: Disapproved Submitter: Steven M. Thickstun, Modern American Safety Training OFC Sections: 1301:7-9-06 (D)-2.c Proposed Change: An individual having a current BUSTR underground tank installer license shall inspection all accessible UST and piping components at least once a year for evidence of degradation and shall notify the owner of any deficiencies that could cause a release or prevent release detections equipment from working properly. UST’s, piping, spill prevention, and overfill prevention systems and equipment shall be inspected and tested to assure that they are operational and all sumps opened to ensure that no escaped product is present in the sumps. Statement of Problem: Owners and operators do not have the training and qualifications required to open sumps, and remove and operate overfill prevention and leak detection equipment and to properly evaluate the findings. The existing regulation does not meet EPA 2015 requirements for annual testing of release detection equipment and opening of sumps and overfill prevention equipment. Committee Reason: Petition 7 is DISAPPROVED. The proposed change is beyond the scope of the OFC (Ohio Administrative Code 1301:7-7). The proposed code change concerns language and requirements contained in rules governing Underground Storage Tanks (Ohio Administrative Code 1301:7-9), which undergoes a separate code update process conducted by the SFM’s Bureau of Underground Storage Tank Regulations (BUSTR). The WG forwarded the proposed changes to BUSTR for consideration. Petition ID: 8 Committee Action: Disapproved Submitter: Steven M. Thickstun, Modern American Safety Training OFC Sections: 1301:7-9-19 (D)(7)

4 Proposed Change: Individuals holding Class A and Class B UST Operator Certificates shall take and pass a biennial refresher class not less than 6 hours in duration. Statement of Problem: Knowledge and training fade with time. Many states require that A/B/C operators be retrained on a regular basis. Ohio currently requires refresher training every two years for many of its professional licenses and certifications including Barbers and Cosmetologists who require 8 hours refresher training on on-numbered years. A mistake at a barber shop will not usually affect the environment or fire safety. Committee Reason: Petition 8 is DISAPPROVED. The proposed change is beyond the scope of the OFC (Ohio Administrative Code 1301:7-7). The proposed code change concerns language and requirements contained in rules governing Underground Storage Tanks (Ohio Administrative Code 1301:7-9), which undergoes a separate code update process conducted by the SFM’s Bureau of Underground Storage Tank Regulations (BUSTR). The WG forwarded the proposed changes to BUSTR for consideration. Petition ID: 9 Committee Action: Disapproved Submitter: Steven M. Thickstun, Advanced Fuel Systems OFC Sections: 1301:7-9-07 (C)(1)(d) Proposed Change: A licensed UST Installer or CUSTI shall physically inspect and certify in writing any dispenser shear valve, piping, and containment sump assembly that has been activated due to a dispenser impact or other damage prior to it being repaired or returned to service. A third-party line and shear valve test must be performed prior to restoration of service. Statement of Problem: Shear valves that have been activated due to impact of dispenser damage may currently be repaired by unlicensed technicians who are not qualified to properly determine if the shear valve and associated components have sustained unseen damage that may result in a release. Committee Reason: Petition 9 is DISAPPROVED. The proposed change is beyond the scope of the OFC (Ohio Administrative Code 1301:7-7). The proposed code change concerns language and requirements contained in rules governing Underground Storage Tanks (Ohio Administrative Code 1301:7-9), which undergoes a separate code update process conducted by the SFM’s Bureau of Underground Storage Tank Regulations (BUSTR). The WG forwarded the proposed changes to BUSTR for consideration. Petition ID: 10 Committee Action: Disapproved Submitter: Steven M. Thickstun, Modern American Safety Training OFC Sections: 1301:7-9-11 (H)(5) Proposed Change: Tightness testing of underground storage tanks and underground lines shall be performed by a licensed UST Installer who is also trained and certified by the testing apparatus manufacturer to be proficient in its operation. Statement of Problem: Tank tightness testers routinely break the integrity of the fuel storage system below the shear valve. Tank tightness testers routinely block the operation of working tank vents. Many tightness testers perform minor repairs and replace line leak detectors during their testing activities. Many tightness testers pull the magnetostrictive probe during testing activities. Improper reinstallation and verification of proper operation can invalidate ATG leak detection ability. All surrounding states currently require licensing of tightness testers. Committee Reason: Petition 10 is DISAPPROVED. The proposed change is beyond the scope of the OFC (Ohio Administrative Code 1301:7-7). The proposed code change concerns language and requirements contained in rules governing Underground Storage Tanks (Ohio Administrative Code 1301:7-9), which undergoes a separate code update process conducted by the SFM’s Bureau of Underground Storage Tank Regulations (BUSTR). The WG forwarded the proposed changes to BUSTR for consideration. Petition ID: 11 Committee Action: Disapproved Submitter: Michael J. Clark, Orange Township Fire Department OFC Sections: 502.1 Definitions

5 Proposed Change: Current wording "Fire apparatus access road." Same as "Fire Lane" as defined in this paragraph. The definitions of a Fire Apparatus and Aerial Apparatus Access Road shall be: A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term include of all other terms such as fire lane, public street, private street, parking lot lane or access roadway. Statement of Problem: Fire Lane and Fire Apparatus and Aerial Apparatus Access Roads should not have the same meaning; this is causing confusion between the two. This definition is based on the 2000 International Fire Code. Committee Reason: Petition 11 is DISAPPROVED. The SFM understands the critical need for access in an emergency situation. However, the proposed definition is overly broad and would have the effect of declaring any (and potentially every) roadway – public and private – as a fire apparatus access road. The definition as written would encompass any roadway that a fire official might use as a throughway to an emergency. Combined with the request to require that all fire apparatus access roads have a minimum width of 26’, the Petitions would have the effect of seeking a ‘fix’ that is more appropriately addressed on a local level through development departments and zoning and platting regulations. It is not appropriate for the OFC to mandate that every street in every community be a minimum width to accommodate fire service, when every such roadway may in fact not actually be necessary for access. It is the opinion of the SFM that such language would go beyond the scope of the OFC and would overstep the legislative directives imposed upon the SFM. Likewise, the imposition of traffic control devices (such as no parking signs) would also be beyond the purview of the Division of SFM and is more appropriately addressed at the local level. Finally, the proposed language conflicts with the International Fire Code and any such proposed change to this language should be proposed at the model code (IFC) level. [Editorial Note: The 2015 IFC has moved all definitions that were previously located at the beginning of specific rules and has added them to the definitions in Rule 2. This change will be incorporated in the 2017 OFC in accordance with the adoption and incorporation of the 2015 IFC as set forth in Petition 1.] Petition ID: 12 Committee Action: Disapproved Submitter: Michael J. Clark, Orange Township Fire Department OFC Sections: 503.2.1, Dimensions Other OFC sections: (C)(6) 503.6 Proposed Change: Current wording 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with paragraph (C)(6)(503.6) of this rule, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). A Fire Apparatus and Aerial Fire Apparatus Access Roads shall have an unobstructed width of not less than twenty six feet (26') of pavement, exclusive of shoulders, except for approved security gates in accordance with paragraph (C)(6)(503.6) of this rule, and an unobstructed vertical clearance of not less than Thirteen feet -Six inches (13'6"). In addition "No Parking" signs shall be posted on both sides of the street, with a pavement width of Twenty- Six feet (26'). Statement of Problem: Aerial access is unable to operate due to width of the outriggers on the ladder truck therefore causing a life safety hazard for firefighters and fire operations. Committee Reason: Petition 12 is DISAPPROVED. The SFM understands the critical need for access in an emergency situation. However, the proposed definition is overly broad and would have the effect of declaring any (and potentially every) roadway – public and private – as a fire apparatus access road. The definition as written would encompass any roadway that a fire official might use as a throughway to an emergency. Combined with the request to require that all fire apparatus access roads have a minimum width of 26’, the Petitions would have the effect of seeking a ‘fix’ that is more appropriately addressed on a local level through development departments and zoning and platting regulations. It is not appropriate

6 for the OFC to mandate that every street in every community be a minimum width to accommodate fire service, when every such roadway may in fact not actually be necessary for access. It is the opinion of the SFM that such language would go beyond the scope of the OFC and would overstep the legislative directives imposed upon the SFM. Likewise, the imposition of traffic control devices (such as no parking signs) would also be beyond the purview of the Division of SFM and is more appropriately addressed at the local level. Finally, the proposed language conflicts with the International Fire Code and any such proposed change to this language should be proposed at the model code (IFC) level. Petition ID: 13 Committee Action: Approved as Modified Submitter: Kenneth Klouda, Division of State Fire Marshal OFC Sections: 104.6.3.1 Other OFC Sections: 104.6.3 Proposed Change: The fire department described in paragraph (D)(6)(c)(104.6.3) of this rule and the political subdivision served by the fire department described in paragraph (D)(6)(c)(104.6.3) of this rule shall report fire investigations required by sections 3737.23 and 3737.24 of the Revised Code using coding information and procedures prescribed by the United States Fire Administration in the "National Fire Incident Reporting System (NFIRS)" and shall send to the state fire marshal these reports in a manner approved by the state fire marshal. The reports shall include the "Incident Report," the "Civilian Casualty Report," and the "Fire Service Casualty Report." Electronic reporting of fire investigations to the state fire marshal must be in a format approved by both the United States Fire Administration and the state fire marshal as being compatible with the current version of the "National Fire Incident Reporting System." Any electronic reporting also must be in a format that is specifically compatible with the software used by the state fire marshal to process such reports and transmitted in a format that has been approved by the state fire marshal. 104.6.3.1 Fire departments shall report when they do not have a reportable fire incident in the previous calendar month in a manner approved by the state fire marshal. Statement of Problem: Currently fire departments are not required by the OFC to report when they did not have any fire incidents in any given month of the year. NFIRS does allow for these “No Activity” reports to be completed. Currently, if these are not reported to the Division of SFM, Fire Prevention Bureau, it is unknown if a fire department is not complying with the fire code by not reporting, or that they did not have an incident to report. If departments fail to report incidents they are subject to citation. This would alleviate the possibility of citing a department that did not have any reportable incidents. In addition to the citation issue, grants that are issued by the Division of State Fire Marshal are tied to whether or not fire departments report their incidents. This will also help to determine if a department is able to received grant money or not. Committee Reason: Petition 13 is APPROVED AS MODIFIED. The proposed language will not be incorporated, but the following language, which will accomplish the goals of this petition, will be included in the 2017 OFC at the end of section 104.6.3.1 Fire reports: In months where no reportable fire investigations have occurred, the fire department described in paragraph (D)(6)(c)(104.6.3) of this rule and the political subdivision served by the fire department described in paragraph (D)(6)(c)(104.6.3) of this rule shall file a “No Activity Report” as prescribed by the state fire marshal and in a manner approved by the state fire marshal. Petition ID: 14 Committee Action: Approved as Modified Submitter: William A. Weimer, B.J. Alan Company OFC Sections: 3301.2.3 Proposed Change: The fire code official is authorized to limit the quantity of explosives, explosive materials or fireworks permitted at a given location. No person possessing a permit for storage of explosives at any place, shall keep or store an amount greater than authorized in such permit. Only the kind of explosives specified in such a pemrit shall be kept or stored.

7 Statement of Problem: There is no objective criteria set out on which the fire code official can use to make a decision to limit the quantities. This gives the fire code official wide latitude with no objective standard from which an appeal can be made on the fire code official’s decision. Committee Reason: A fire code official should have the ability to limit the quantities of explosives and fireworks within that official’s jurisdiction and such authority should not be eliminated. However, as the SFM has exclusive licensure oversight for fireworks licensed premises, it is appropriate for the SFM to have a role in approving any quantity limitations at such a location. Therefore, the language will be approved as modified as follows:

5601.2.4 Permit restrictions. The fire code official is authorized to limit the quantity of explosives, explosive materials or fireworks permitted at a given location. No person possessing a permit for storage of explosives at any place, shall keep or store an amount greater than authorized in such permit. Only the kind of explosives specified in such a pemrit shall be kept or stored.

Exception: Permit limitations on the quantity of fireworks possessed or stored at a licensed premises for fireworks, as that term is defined in section 3743.01(BB) of the Revised Code, shall be approved by the state fire marshal before any enforcement of such provisions by a local fire code official.

Also, and pursuant to incorporation of the 2015 IFC and other changes to the OFC the above language, previously located at 3301.2.3, will be relocated to OFC section 5601.2.4. Petition ID: 15 Committee Action: Approved as Modified Submitter: William A. Weimer, B.J. Alan Company OFC Sections: 3302.1 Definitions-1.4G Fireworks Proposed Change: Add highlighted [underlined] text to the existing definition: “1.4G Fireworks.” Consumer fireworks consistent with regulations of the United States Department of Transportation as expressed using the designation Division 1.4G (UN0336) in Title 49, Code of Federal Regulations as listed in rule 1301:7-7- 47 of the Administrative Code or special effects fireworks as expressed using the designation Division 1.4G (UN0431) in Title 49, Code of Federal Regulations as listed in rule 1301:7-7-47 of the Administrative Code and consistent with regulations of the U.S. Consumer Product Safety Commission as expressed in Title 16 of the Code of Federal Regulations. Statement of Problem: 1.4G consumer fireworks are regulated by both U.S. Department of Transportation pursuant to Title 49 of the Code of Federal Regulations and the U.S. Consumer Product Safety Commission pursuant to Title 16 of the Code of Federal Regulations. To omit the regulatory authority of the CPSC pursuant to 16 CFR would make the definition of 1.4G consumer fireworks incomplete. Committee Reason: Petition 15 is APPROVED AS MODIFIED. The language proposed for inclusion in the definition of 1.4G Fireworks will be included in the 2017 OFC, but the language of the definition will be modified to clarify the distinction between 1.4G fireworks and 1.4G special effects. The definitions will be separated and the new language proposed in the Petition will be applied to the definitions of both 1.4G and 1.4G special effects fireworks.

The definition of “1.4G Fireworks” will be amended as follows: 202 General Definitions. Fireworks. “1.4 G Fireworks.” Consumer fireworks consistent with regulations of the United States Department of Transportation as expressed using the designation Division 1.4G (UN0336) in Title 49, Code of Federal Regulations as listed in rule 1301:7-7-47 1301:7-7-80 of the Administrative Code that are consistent with regulations of the U.S. Consumer Product Safety Commission as expressed in Title 16 of the Code of Federal Regulations. , or special effects fireworks as expressed using the designation Division 1.4G (UN0431) in Title 49, Code of Federal Regulations as listed in rule 1301:7-7-47 1301:7-7-80 of the Administrative Code.

8 The definition of “1.4G Special effects fireworks” will be amended as follows: 202 General Definitions. Fireworks. “1.4G Special effects fireworks.” Special effects fireworks intended for indoor use consistent with regulations of the United State Department of Transportation as expressed using the designation Division 1.4G (UN0431) in Title 49, Code of Federal Regulations as listed in rule 1301:7-7-47 1301:7-7-80 of the Administrative Code that are consistent with regulations of the U.S. Consumer Product Safety Commission as expressed in Title 16 of the Code of Federal Regulations.

[Editorial Note: Current 2011 OFC referenced standards are located at Rule 45; in the 2017 OFC, the referenced standards will be located at Rule 80. This will be done to incorporate restructuring and new numbering contained in the 2015 IFC. Also, the 2015 IFC has moved all definitions that were previously located at the beginning of specific rules and has added them to the definitions in Rule 2. These changes will be incorporated in the 2017 OFC in accordance with the adoption and incorporation of the 2015 IFC as set forth in Petition 1; these changes are reflected above in the definition of 1.4G fireworks and 1.4G special effects fireworks that will be incorporated in the 2017 OFC.] Petition ID: 16 Committee Action: Approved Submitter: William A. Weimer, B.J. Alan Company OFC Sections: 3302.1 Definitions-Novelties and Trick Noisemakers Proposed Change: “Novelties and trick noisemakers.” Include the following items: 1. Devices that produce a small report intended to surprise the user, including, but not limited to, booby traps, cigarette loads, party poppers, and snappers; 2. Snakes or glow worms; 3. Smoke devices containing not more than 5 grams of pyrotechnic composition; 4. Trick matches. Statement of Problem: This will serve to make Ohio's regulations consistent with federal law and avoid confusion in the marketplace. Committee Reason: Petition 16 is APPROVED. The additional language is in keeping with federal regulations. [Editorial Note: The 2015 IFC has moved all definitions that were previously located at the beginning of specific rules and has added them to the definitions in Rule 2. This change will be incorporated in the 2017 OFC in accordance with the adoption and incorporation of the 2015 IFC as set forth in Petition 1.] Therefore, the proposed language will be added to the definition of “Novelties and trick noisemakers” and will be located in Rule 2 in the 2017 OFC. Petition ID: 17 Committee Action: Approved as Modified Submitter: William A. Weimer, B.J. Alan Company OFC Sections: 3314.2 Sales Proposed Change: Add highlighted [underlined] text to existing section: (2) 3314.2 Sales. A licensed manufacturer or wholesaler shall only sell fireworks that meet the standards set by the consumer product safety commission or by the American fireworks standard laboratories or that have received an EX number from the United States Department of Transportation or an FC Number from a laboratory approved by the CPSC. Statement of Problem: Since the CPSC now provides for FC Numbers to be issued by approved laboratories in place of EX Numbers, this additional language is necessary to bring these regulations into conformance with federal law and regulations. Committee Reason: Petition 17 is APPROVED AS MODIFIED. The 2017 OFC will provide for 1.4G fireworks that have received an FC number but the proposed language will be edited. The relevant OFC section will be modified as follows:

9 3314.3 Sales. A licensed manufacturer or wholesaler shall only sell fireworks that meet the standards set by the consumer product safety commission or by the American fireworks standard laboratories or that have received an EX number from the United States Department of Transportation or an FC Number from a Department of Transportation approved fireworks certification agency. The State Fire Marshal may publish and maintain a listing of the specific EX numbers from the United States Department of Transportation or FC numbers from a Department of Transportation approved fireworks certification agency of fireworks that can be sold in Ohio. At least thirty days prior to publishing or updating such a list, the SFM shall distribute it to all Ohio licensed manufacturers and wholesalers of fireworks for comment. Also, and pursuant to incorporation of the 2015 IFC and other changes to the OFC the above language will be relocated to OFC section 5614.3. Petition ID: 18 Committee Action: Approved as Modified Submitter: Jason Phillips, Clean Fuels Ohio OFC Sections: 2204.3.11 Proposed Change: An unattended, self-service Compressed Natural Gas (CNG) station is not required to include a fixed suppression system if the CNG dispenser is equipped with a fire detection device that automatically shuts down operation and isolates CNG fuel from the dispensing area. Statement of Problem: The requirement of a fixed suppression system was not envisioned for and is not applicable to a CNG station. A liquid fuel such as gasoline or diesel will pool on the ground. Thus, a chemical suppression system will be very effective in the event of a fire involving a liquid fuel. However, because CNG is lighter than air, there is no pooling of fuel. A fixed suppression system is ineffective and considered counter-productive by some experts in the field. The requirement of a fixed suppression system is inconsistent with the International Fire Code and deviates from common practice across the United States. Committee Reason: Petition 18 is APPROVED IN PART. Petition 18 proposes the deletion of only the automatic fixed suppression requirement of 2304.3.11 and not the deletion of the detection and transmission requirements. The proposal also specifies that the suppression requirement will only be eliminated if the dispenser is equipped with a fire detection device that automatically shuts down operation and isolates CNG fuel from the dispensing area. This language will be modified. The automatic fixed suppression system requirement will be eliminated for CNG motor fuel dispensing facilities that are unmanned and open to the public if fire detection and monitoring/transmission systems that directly tie to the Emergency Shut Down System (ESD) so that upon detection of a fire the ESD will not only automatically shut down product flow and isolate the fuel, but will also automatically trigger the notification system to notify the fire department. New language will be added to OFC 1104.3.11 as follows: 2304.3.11 Required fire protection. In addition to fire protection equipment otherwise required by this code, an unattended motor fuel-dispensing facility shall also include automatic fixed suppression systems, and automatic fire detection, and transmission of an alarm to an off-site approved supervising station in accordance with paragraph (C)(4)(a)(903.4.1) of rule 1301:7-7-09 of the Administrative Code. 2304.3.11.1 Compressed Natural Gas facilities. The requirement for an automatic fixed suppression system shall not apply to that portion of an unattended, open to the public motor fuel-dispensing facility where CNG is dispensed if all of the following apply: 1. The fueling areas where CNG is dispensed is equipped with a fire detection device(s) that is directly tied to the emergency shut down system; and 2. Upon activation of the emergency shut down system, operation of all CNG dispensers will automatically shut down and all CNG will automatically be isolated away from the dispensing area; and 3. Upon activation of the emergency shut down system, a notification system will automatically trigger notification to the fire department; and 4. No liquid fuels are being dispensed under the same canopy where CNG is being dispensed.

10 [See also Petitions 19, 22, 36 and 37 for additional submissions regarding this topic] [Please note: 2011 Chapter 22 provisions – Motor Fuel Dispensing Facilities & Garages - will be relocated to Chapter 23 in the 2017 OFC]. Petition ID: 19 Committee Action: Disapproved Submitter: Jason Phillips, Clean Fuels Ohio OFC Sections: 2202.1 Proposed Change: “Fleet vehicle motor fuel-dispensing facility.” That portion of a commercial, industrial, governmental or manufacturing property where flammable or combustible liquids or gases used as fuels are stored and dispensed into the fuel tanks of motor vehicles or approved containers that are used in connection with such businesses, by persons within the employ or direct contractual relationship with such businesses. Statement of Problem: Under the current code, fire suppression is not required for refueling stations that are only used by the employees of that business. The reason is it can be assumed that employees of a company that use a refueling station have been adequately trained and are knowledgeable about what actions to take in case of an emergency. A fleet in a contractual relationship with a station owner will also have been trained in safety procedure. Committee Reason: Petition 19 is DISAPPROVED. Persons directly in the employ of a motor fuel-dispensing facility will be familiar with the equipment that is in use and the emergency measures to be taken in case of a fire (or fuel spill), including the use of fire extinguishers and the operation of emergency shut off controls. This familiarity with available equipment and safety measures is compromised in a contractual relationship. Furthermore, the proposed language is overly broad, does not address the provision of training, and would, therefore, potentially allow a contract to circumvent the intent of the provision. Finally, the proposed language conflicts with the IFC and any such proposed change to this language should be proposed at the model code (IFC) level. [See also Petitions 18, 22, 36 and 37 for additional submissions regarding this topic] [Please note: 2011 Chapter 22 provisions – Motor Fuel Dispensing Facilities & Garages - will be relocated to Chapter 23 in the 2017 OFC]. [Editorial Note: The 2015 IFC has moved all definitions that were previously located at the beginning of specific rules and has added them to the definitions in Rule 2. This change will be incorporated in the 2017 OFC in accordance with the adoption and incorporation of the 2015 IFC as set forth in Petition 1.] Petition ID: 20 Committee Action: Disapproved in Part and Approved in Part Submitter: Jacob Williams, ATA Beilharz Architects OFC Sections: 2306.6.1.1 Number of Doors Required Proposed Change: Existing Text: 2306.6.1.1 Number of doors required. A minimum of one access door shall be required in each 100 lineal feet, or fraction thereof, of the exterior walls that face required fire apparatus access roads. The required access doors shall be distributed such that the lineal distance between adjacent access doors does not exceed 100 feet. Proposed Text: 2306.6.1.1 Number of doors required. Not less than one access door shall be proved in each 100 linear feet, or fraction thereof, of the exterior walls that face required fire apparatus access roads. The required access doors shall be distributed such that the lineal distance between adjacent access doors does not exceed 100 feet. Exception: The linear distance between adjacent access doors is allowed to exceed 100 feet in existing building where no change in occupancy is proposed. The number and distribution of access doors in existing buildings shall be approved. Statement of Problem: Very often, in high piled storage buildings built prior to 2009, access doors located at a greater distance than 100’ apart. This has required the addition of doors in situations where the occupancy of the building has not changed, resulting in additional costs and creating difficulty in the leasing of these spaces. Apart from adjacent states (Indiana) having amended this distance to 200 feet allowing

11 accommodation of older facilities, the new 2015 IFC recognizes that a hardship can be created for existing buildings that would consequently involve cutting openings or eliminating overhead doors and docks in buildings built around 2009 or before. We are requesting that the Ohio fire code be amended to match the language in the 2015 IFC. Committee Reason: Petition 20 is DISAPPROVED IN PART AND APPROVED IN PART. The portion of the petition that deletes “A minimum of” and adds “Not less than” to the beginning OFC 2306.6.1.1 IS DISAPPROVED and will not be included in the 2017 OFC because the proposed change does not effectively change the meaning of the current language and is not reflected in the national language. The proposed exception to 2306.6.1.1, however, was made in the 2015 IFC (and was relocated to 3206.6.1.1) and is APPROVED. It will be included in the 2017 OFC in accordance with the adoption and incorporation of the 2015 IFC as set forth in Petition 1. Petition ID: 21 Committee Action: Disapproved in Part and Approved in Part Submitter: Benjamin Burwinkel, Prologis OFC Sections: 2306.6.1.1 Number of Doors Required Proposed Change: Existing Text: 2306.6.1.1 Number of doors required. A minimum of one access door shall be required in each 100lineal feet, or fraction thereof, of the exterior walls that face required fire apparatus access roads. The required access doors shall be distributed such that the lineal distance between adjacent access doors does not exceed 100 feet. Proposed Text: 2306.6.1.1 Number of doors required. Not less than one access door shall be proved in each 100 linear feet, or fraction thereof, of the exterior walls that face required fire apparatus access roads. The required access doors shall bedistributed such that the lineal distance between adjacent access doors does not exceed 100 feet. Exception: The linear distance between adjacent access doors is allowed to exceed 100 feet in existing building where no change in occupancy is proposed. The number and distribution of access doors in existing buildings shall be approved. Statement of Problem: Very often, in high piled storage buildings built prior to 2009, access doors located at a greater distance than 100’ apart. This has required the addition of doors in situations where the occupancy of the building has not changed, resulting in additional costs and creating difficulty in the leasing of these spaces. Apart from adjacent states (Indiana) having amended this distance to 200 feet allowing accommodation of older facilities, the new 2015 IFC recognizes that a hardship can be created for existing buildings that would consequently involve cutting openings or eliminating overhead doors and docks in buildings built around 2009 or before. We are requesting that the Ohio fire code be amended to match the language in the 2015 IFC. Committee Reason: Petition 21 is DISAPPROVED IN PART AND APPROVED IN PART. The portion of the petition that deletes “A minimum of” and adds “Not less than” to the beginning OFC 2306.6.1.1 IS DISAPPROVED and will not be included in the 2017 OFC because the proposed change does not effectively change the meaning of the current language and is not reflected in the national language. The proposed exception to 2306.6.1.1 however, was made in the 2015 IFC (and was relocated to 3206.6.1.1) and is APPROVED. It will be included in the 2017 OFC in accordance with the adoption and incorporation of the 2015 IFC as set forth in Petition 1. Petition ID: 22 Committee Action: Disapproved Submitter: Bill Burns, City of Columbus OFC Sections: 2204.3.11 Proposed Change: (k) 2204.3.11 Required fire protection. In addition to fire protection equipment otherwise required by this code, an unattended motor fuel-dispensing facility shall also include automatic fixed suppression systems, and automatic fire detection, and transmission of an alarm to an off-site approved supervising station in accordance with paragraph (C)(4)(a)(903.4.1) of rule 1301:7-7-09 of the Administrative Code.

12 Proposed Additional Wording: Exception: This clause shall not apply to unattended self-service Compressed Natural Gas (CNG) stations, or CNG dispensers at mixed fuel stations, if the CNG dispenser area is equipped with a minimum of two flame detection devices, positioned to monitor the fueling area, which automatically shut down station operation and isolates CNG fuel remote from the dispensing area. Statement of Problem: The proposed wording does not cause any inadvertent changes to the application of this requirement for other fuels. The proposed approach will result in a system that automatically detects all fires (fuel and vehicle, trash, etc.) and shuts down and isolates the station equipment and the CNG fuel supply. The Ohio Fire Code does not state what “suppression” means or what form of fuel fire suppression is required. We believe that the proposed system meets the current code since it “suppresses” and in fact extinguishes a primary fuel fire—meeting the same outcome as conventional packaged gasoline station suppression systems. The Ohio Fire Code does not state that a non-fuel fire (such as a vehicle) must be suppressed and the commercially available gasoline station suppression systems are unlikely to effectively provide this suppression. The proposed approach will respond to any fire in the dispensing area much faster than the heat detection devices that are part of commercially available gasoline station suppression systems. Thus, if there is a secondary fire, the proposed approach will notify local first responders much more quickly than gasoline station suppression systems giving first responders more lead time before a fire escalates. Additional explanation follows: a) The proposed additional wording will result in a station design that exceeds the following national codes and national best practice: NFPA 52 (see 7.15 which requires only manual extinguishers) International Fire Code (see Section 2204.4 which does not require detection and suppression; Section 2205.5 requiring manual extinguishers; the whole of Section 2208 and specifically 2208.4 where no hardware requirements related to self-serve are called out). The Ohio Fire code has added the requirement for detection and suppression at self-serve unmanned fuel stations—this requirement does not exist in the International Fire Code, and it treats all fuel risks as identical, even though CNG is much different than liquid fuels. b) If released, CNG is about 60 percent of the weight of air and will naturally rise and dissipate—there will be no “pool” of CNG as there would be with liquid fuels. c) CNG is always present as a gas. If released, CNG is about 60 percent of the weight of air and will naturally rise and dissipate— there will be no “pool” of CNG as there would be with liquid fuels. d) Suppression systems are ineffective with a CNG fire--the only effective method of addressing a natural gas fire is to remove and/or remotely isolate the fuel. The proposed wording change will provide the desired and required outcome of automatically extinguishing any CNG fuel fire from the dispensing area--this is the manufacturer stated purpose of the gasoline dry chemical systems. This proposed approach holds CNG to the same standard as gasoline while acknowledging that a CNG fire requires a different type of automatic response to be effective. e) All existing fueling station suppression systems are designed and tested to meet UL 1254 (see attached brochure from Pyro Chem). This standard uses a tray of gasoline as a test procedure and the manufacturers very clearly state that their systems are suitable for gasoline stations. There are no CNG rated systems on the market and there is no UL or other standard that can be cited for design or testing of a CNG suppression system. At least one supplier of pre-engineered liquid fuel suppression systems has refused to supply systems for CNG since the system is not rated for the application. The pre-engineered systems are designed to dispense a layer of dry chemical on top of a pool of burning gasoline and smother it. These systems are similarly used for grease fires. f) Unlike gasoline, CNG is dispensed in a closed and sealed system so there are no fuel vapors in the vicinity of the fueling nozzle. Furthermore, the fueling vehicle is grounded through conductive fill hose to a grounded dispenser, thus there is no static build up. Based on these points, there is no increased likelihood of a CNG vehicle catching fire during fueling than any other time, and arguably, there is less chance of a CNG fuel fire than a gasoline fuel fire during fueling as a result of the gasoline vapor that is released during fueling. There are many locations such as a residential garage where vehicles using any fuel could randomly catch fire. These locations are not required to include fire detection or suppression. It appears that fueling has been identified as a higher fire risk activity and this prompted the code required suppression system, however, this premise should apply only to open fueling systems such as gasoline.

13 g) The heat detection devices included in pre-engineered suppression systems will only detect a fire once the vehicle is well involved. At this point the car is a deep seated fire and a top surface coating of dry chemical will not reach the main fire. Since dry chemical works by forming a physical barrier between the fuel and the oxygen and interrupting the chemical reaction--if the dry chemical agent is not on the actual fire, the fire will continue to burn. h) There is no indication in our research that these systems will be effective in suppressing a vehicle fire and the manufacturers make no claim of this effectiveness. i) The code as it currently exists appears to imply that an attendant would be able to manually suppress the fire, however, they are not trained or experienced. j) The station is equipped with an emergency phone to dial 911 and most drivers will also have a cell phone. These means of communication will allow any bystander to call the fire department just as an attendant would. Committee Reason: Petition 22 is DISAPPROVED. Petition 22 is limited to only CNG facilities, however, the proposal eliminates not only suppression, but also fire detection and alarm transmission. This language is overly broad. [See also Petitions 18, 19, 36 and 37 for additional submissions regarding this topic] [Please note: 2011 Chapter 22 provisions – Motor Fuel Dispensing Facilities & Garages - will be relocated to Chapter 23 in the 2017 OFC]. Petition ID: 23 Committee Action: Disapproved in Part and Approved in Part Submitter: Phillip Rasey, Pizzuti OFC Sections: 2306.6.1.1 Number of Doors Required Proposed Change: Existing Text: 2306.6.1.1 Number of doors required. A minimum of one access door shall be required in each 100 lineal feet, or fraction thereof, of the exterior walls that face required fire apparatus access roads. The required access doors shall be distributed such that the lineal distance between adjacent access doors does not exceed 100 feet. Proposed Text: 2306.6.1.1 Number of doors required. Not less than one access door shall be proved in each 100 linear feet, or fraction thereof, of the exterior walls that face required fire apparatus access roads. The required access doors shall be distributed such that the lineal distance between adjacent access doors does not exceed 100 feet. Exception: The linear distance between adjacent access doors is allowed to exceed 100 feet in existing building where no change in occupancy is proposed. The number and distribution of access doors in existing buildings shall be approved. Statement of Problem: Very often, in high piled storage buildings built prior to 2009, access doors located at a greater distance than 100’ apart. This has required the addition of doors in situations where the occupancy of the building has not changed, resulting in additional costs and Very often, in high piled storage buildings built prior to 2009, access doors located at a greater distance than 100’ apart. This has required the addition of doors in situations where the occupancy of the building has not changed, resulting in additional costs and creating difficulty in the leasing of these spaces. Apart from adjacent states (Indiana) having amended this distance to 200 feet allowing accommodation of older facilities, the new 2015 IFC recognizes that a hardship can be created for existing buildings that would consequently involve cutting openings or eliminating overhead doors and docks in buildings built around 2009 or before. We are requesting that the Ohio fire code be amended to match the language in the 2015 IFC. Committee Reason: Petition 23 is DISAPPROVED IN PART AND APPROVED IN PART. The portion of the petition that deletes “A minimum of” and adds “Not less than” to the beginning OFC 2306.6.1.1 IS DISAPPROVED and will not be included in the 2017 OFC because the proposed change does not effectively change the meaning of the current language and is not reflected in the national language. The proposed exception to 2306.6.1.1, however, was made in the 2015 IFC (and was relocated to 3206.6.1.1), is APPROVED, and will be included in the 2017 OFC in accordance with the adoption and incorporation of the 2015 IFC as set forth in Petition 1. Petition ID: 24 Committee Action: Disapproved

14 Submitter: Bill Behrendt, Ohio Petroleum Contractors Association OFC Sections: 1301:7-7-01, 1301:7-7-22, 1301:7-7-27, 1301:7-7-34 Other OFC Sections: 1301:7-7-01, 1301:7-7-22, 1301:7-7-27, 1301:7-7-34 Proposed Change: OPCA is proposing that the state fire marshal establish an aboveground storage tank installer certification program similar to the UST installer certification program outlined in ORC 1301:7‐9‐ 11. The program should require that a Certified AST Installer supervise the installation, modification, abandonment, and removal of certain aboveground storage tank systems. A more detailed outline of the fundamental elements of the certification proposal is attached to the bottom of this petition. Statement of Problem: The installation of aboveground storage tanks is complex and requires a detailed understanding of the fire code, as wells as, related electrical, mechanical, and building codes and knowledge and experience in the installation and operation of the individual components of the aboveground storage tank system. Members of OPCA are increasingly seeing cases where aboveground storage tank systems are being installed by individuals unfamiliar with the regulatory requirements and lacking the experience and knowledge required for the proper installation, modification, and closure of aboveground storage tank and its specific components. To address this problem, OPCA is recommending the establishment of an aboveground storage tank installer certification program similar to the current underground storage tank installer certification program. The issue of improper installation of aboveground storage tanks is the same as the issues faced when the state fire marshal promulgated rules to implement the federal underground storage tank program. In establishing the UST program, the fire marshal recognized the importance of proper installation of UST and created the UST installer certification program to insure properly trained individuals would oversee the installation of these systems. This program has been successfully implemented for over 20 years with minimal to no impact on owners and operators of UST. The establishment of an aboveground storage tank installer certification program will provide similar benefits. Committee Reason: Petition 24 is DISAPPROVED. The SFM is supportive of the proposed certification program; however, the SFM has determined that the actual establishment of a program of this scope should only occur as specifically directed by the General Assembly. Thus, it will not be included in the 2017 OFC at this point. Petition ID: 25 Committee Action: Disapproved Submitter: Michael Lutz, Rozzi, Inc. OFC Sections: 3320.1 Proposed Change: Proposed Revision: 3320.1 General. The layout, arrangement and construction of buildings and structures in which fireworks are manufactured, processed, stored, and offered for sale, and to which the public has access, shall comply with the applicable requirements of the "Ohio Building Code" as listed in rule 1301:7-7-47 of the Administrative Code, for the appropriate high hazard occupancy use group classification, and shall be provided with fire protection, fire extinguishing equipment and explosion relief venting as required by the "Ohio Building Code " as listed in rule 1301:7-7-47 of the Administrative Code. For buildings in which fireworks are manufactured processed, stored, and offered for sale, but the public does not have access, the safety requirements enumerated in the most recent version of NFPA code 1124 shall apply. Buildings to which the public does not have access are those buildings designated to allow access only to employees and authorized representatives of federal, state, or local agencies having jurisdiction. Statement of Problem: Section 3743.05 R.C., governing classification, manufacturing, and packaging states that chapters 1123, 1124, and 1126 of the most recent NFPA standards shall apply. Such standards expressly state, in the most recent version, 1124.4.10.2, that “Automatic sprinkler systems or deluge systems shall not be required for mixing buildings, process buildings, magazines, or shipping buildings.” The reason for this standard is that such systems are useless, ineffective, and potentially dangerous in such an environment. Water will not put out fireworks materials that have their own oxidizers, and potentially may

15 trigger an explosion if inadvertently activated during the mixing process. Indeed, when referencing the powdered metals normally used in fireworks manufacture (such as powdered aluminum and powdered magnesium”, ERG2012, p. 170, specifically states a fire or explosion hazard: “may react violently or explosively on contact with water.” See page below. Also the NOAA publishes a set of guidelines for confirms what a bad idea it is to use automatic sprinkler systems in areas with metal powders used in fireworks. See, e.g., cameochemicals noaa guide 104577, below, clearly stating the hazard that it is “water reactive”. The NFPA addresses the situation by limiting access to mixing and manufacturing buildings to authorized employees and to local, state, and federal agencies with jurisdiction, which is the sensible way to handle it. The proposed revision reconciles R.C. 3743.05 with R.C. 3743.04(B), with only requires the Fire Marshall to ensure systems are in place in buildings to which “the public has access”. Once the fireworks have been manufactured and encapsulated, and the public has access, there is obviously a lower danger from sprinklers as when dealing with raw components. Committee Reason: The proposed amendment seeks to distinguish between fireworks manufacturing, processing, storage and sales facilities to which the public has access from those facilities where the public does not have access. The proposal would impose one set of regulations (the OBC) on those facilities that the public can access and another set of regulations (“the most recent version of NFPA code 1124”) on those facilities the public cannot access. If approved, this language could be construed to exempt those facilities to which the public does not have access from the provisions of the OBC. This result is beyond the authority of the State Fire Marshal as the SFM does not have the legal ability to exempt buildings from the purview of the OBC. Rather, the OBBS is charged with the duty of adopting rules governing, inter alia, the construction of buildings in Ohio (R.C. section 3781.10) and has done so by promulgating the OBC. With few exceptions, none of which apply here, the OBC applies to all buildings constructed in this state, including fireworks manufacturing structures. Per R.C. 3743.04(B), the construction and safety requirements established in both the building and fire codes are not subject to any variance, waiver, or exclusion.

Through much discourse with Petitioner, the SFM WG is aware that Petitioner’s objective in this matter is to obviate the necessity of sprinkler systems in manufacturing facilities. However, as noted herein, this is not a matter that can be resolved through changes to the OFC.

See also, Petition 115 regarding the application of appropriate editions of NFPA 1124. Petition ID: 26 Committee Action: No Action Required Submitter: Bill Behrendt, OPMCA OFC Sections: 1301:7-7-1 through 1301:7-7-47 Other OFC Sections: 1301:7-7-1 through 1301:7-7-47 Proposed Change: In light of the uncertainly surrounding what the revised Ohio Fire Code will look like; in particular, whether all or part of the 2015 IFC will be adopted, the portions of the current Fire Code that will be incorporated into the revised fire code and the extent to which the 2015 IFC will be “Ohio‐vised,” OPMCA wishes to reserve the right to comment on the entirety of the Fire Code draft rules upon publication of the complete Fire Code draft rules. Statement of Problem: OPMCA does not know what portions of the 2015 IFC will be incorporated into the 2017 Ohio Fire Code or what existing code language will survive, therefore we cannot precisely recommend what sections need revision. Committee Reason: Petition 26 does not propose the addition, deletion or revision of any current OFC text and therefore does not require action on the part of the SFM/WG. The SFM acknowledges the right of OPMCA, and any other interested party, to comment on any portion of the draft rules once they are published. Petition ID: 27 Committee Action: No Action Required Submitter: Bill Behrendt, OPCA

16 OFC Sections: 1301:7-7-1 through 1301:7-7-47 Other OFC Sections: 1301:7-7-1 through 1301:7-7-47 Proposed Change: In light of the uncertainly surrounding what the revised Ohio Fire Code will look like; in particular, whether all or part of the 2015 IFC will be adopted, the portions of the current Fire Code that will be incorporated into the revised fire code and the extent to which the 2015 IFC will be “Ohio‐vised,” OPCA wishes to reserve the right to comment on the entirety of the Fire Code draft rules upon publication of the complete Fire Code draft rules. Statement of Problem: OPCA does not know what portions of the 2015 IFC will be incorporated into the 2017 Ohio Fire Code or what existing code language will survive, therefore we cannot precisely recommend what sections need revision. Committee Reason: Petition 27 does not propose the addition, deletion or revision of any current OFC text and therefore does not require action on the part of the SFM/WG. The SFM acknowledges the right of OPCA, and any other interested party, to comment on any portion of the draft rules once they are published. Petition ID: 28 Committee Action: Disapproved Submitter: Timothy J. Skinner, Sprinkler Fitters Local Union 669 OFC Sections: 1301:7-7-09 (O) 915 Other OFC Sections: 1301:7-7-09 (O) 915.14 Proposed Change: (O) Section 915 Fire protection and fire fighting equipment certification (1) 915.1 No person shall sell, offer for sale, or use any fire protection or fire fighting equipment which does not meet the minimum standards for such equipment as specified in this code. (2) 915.2 Except for public and private mobile fire trucks, no person shall engage in the business of servicing, testing, repairing, or installing fire protection or fire fighting equipment for profit without first being certified by the state fire marshal, as required by section 3737.65 of the Revised Code and this code. (3) 915.3 Terms defined for this paragraph. The following words take on exclusive meanings as used in this paragraph of this rule only. “Company.” Any individual, sole proprietorship, partnership, association, or corporation certified pursuant to this rule. “Provisional individual.” Any person enrolled in a bona fide apprenticeship training program registered with the apprenticeship council pursuant to section 4139.08 of the Revised Code or with the bureau of apprenticeship and training of the United States department of labor. (4) 915.4 Individual and provisional individual certification. Upon satisfactory application and examination pursuant to paragraph (O)(6)(915.6) of this rule, the state fire marshal may certify any individual or provisional individual to service, test, repair or install fire protection or fire fighting equipment in the following categories: (a) Automatic sprinkler and standpipe systems; (b) Fire service mains and water tanks; Exception: Excavation and earth moving equipment operators are not required to be certified in this category provided the work they perform tomeet the requirements of NFPA 22 and 24 is conducted under the direct supervision and active direction of an individual certified in this category (who remains on site while the work is performed.) (c) Fire pumps; (d) Fire alarm and detection equipment; (e) Household fire warning equipment only; (f) Portable fire extinguishers; (g) Engineered extinguishing equipment other than water; (h) Pre-engineered extinguishing equipment other than water; (i) Fire pump diesel technician; (j) Aerosol extinguishing equipment; or

17 (k) Such other categories as deemed necessary by the state fire marshal. (5) 915.5 “Satisfactory application” includes, but is not limited to: (a) The provision to the state fire marshal of all information requested by the fire marshal or required by this rule; (b) The provision to the state fire marshal of documentation describing the applicant’s recent work history relating to fire protection installer work or similar construction trade experience including, upon request of the state fire marshal, evidence that any work performed was completed with certified individuals and in compliance with the applicable codes. (c) No evidence has been obtained by the state fire marshal demonstrating that, within the two years prior to the date of examination, or in the case of a renewal of certification, within two years prior to the date of application, the applicant has not engaged in unauthorized fire protection installer work or fire protection installer work performed in violation of the applicable codes. (6) 915.6 Those seeking certification to work on a particular engineered or preengineered system must show at least one of the following: (a) Proof from the manufacturer of training or approval to work on the manufacturer’s engineered or pre-engineered system; or (b) The applicant must have witnessed the code compliant installation of ten engineered or pre- engineered systems within two years immediately prior to making application and provide documentation listing license number of individual performing such installation, type of system, date and location of installation. (7) 915.7 Except for provisional individuals, the state fire marshal shall require all applicants to obtain a passing grade of at least seventy per cent on a fire protection installer examination administered by the state fire marshal prior to certification. (8) 915.8 An individual may only work in those categories for which he has been certified pursuant to paragraph (O)(4)(915.4) of this rule. (9) 915.9 An individual must be a company certified pursuant to paragraph (O)(4)(915.4) of this rule or must be associated with a certified company when such individual engages in the business of servicing, testing, repairing or installing fire protection or fire fighting equipment for profit. (10) 915.10 Individuals may only work on those particular engineered or preengineered systems for which the individual has recent experience or education to show competence and has provided documentation thereof to the state fire marshal. (11) 915.11 Every certified individual shall carry the certificate issued pursuant to paragraph (O)(915) of this rule on their person while engaging in the business of servicing, testing, repairing or installing fire protection or fire fighting equipment for profit and produce the certificate for inspection upon request by the fire code official. (12) 915.12 A provisional individual must be supervised by a certified individual at all times such provisional individual is engaging in work requiring certification. The certified individual directly supervising the individual issued the provisional certificate shall only supervise one provisional certificate holder while engaging in work requiring certification. The certified individual directly supervising the provisional certificate holder shall possess a valid and current certificate for the certification category of the work being performed. (13) 915.13 Applications for certification and renewals shall be made on forms provided by the state fire marshal. All applications and renewals shall be accompanied by the appropriate fee, to be made payable to “Treasurer, State of Ohio.” (14) 915.14 Original application for certification and renewal of an individual or provisional individual shall, at a minimum, include the following: (a) Name of applicant;

18 (b) Categories for which applicant is seeking certification; (c) If a non-resident, an irrevocable consent to legal service in Ohio (needed for original application only); (d) If for a provisional individual, a copy of the indenture agreement; (e) Documentation describing the applicant’s recent work history relating to fire protection installer work or similar construction trade experience; and (f) All information requested by the state fire marshal. Documentation of 8 hours of education credits, as approved by the State Fire Marshal’s Office, in a category for which the applicant is seeking certification, or for renewal of more than one category, the applicant is to provide documentation of 8 hours of education credits, as approved by the State Fire Marshal’s Office, in any one category or combination of categories for which the applicant is certified in and applying for renewal; and (g) All information requested by the state fire marshal. Statement of Problem: The purpose for this addition is to provide the public with currently trained individuals installing fire protection systems in Ohio. Almost every license or certification issued by the state requires continuing education credits to hold that license or certificate. The fire protection industry does not. The fire protection industry is an ever evolving and growing industry, with many new products and installation practices appearing every year. We are installing life-saving and property saving systems, it only make sense to require additional training yearly. Committee Reason: Petition 28 is DISAPPROVED. While the OFC does already require that an applicant for certification provide documentation of recent relevant work history (see OFC 915.5), the SFM is supportive of additional education and training and of a certification program. However, the SFM has determined that the actual establishment of a program of this scope should, at this time, be a policy determination made by the General Assembly. Thus, it will not be included in the 2017 OFC at this point. Petition ID: 29 Committee Action: Approved in Part Submitter: Ohio Board of Building Standards OFC Sections: Section 115 Proposed Change: General Petition - Keep all current Ohioizations based on previous coordinated work and coordinate all relevant new provisions from '15 IBC/'15 IFC with the next edition of the Ohio Building Code as it is developed. Section 115: Delete current section 115 for Research Reports and Testing and Laboratories and replace with reference to OBC Section 114: "In those cases in which a product is proposed for use in Ohio, but such product does not meet specific standards set by by the "Ohio Fire Code," the state fire marshal shall require authenticated research reports from conformity assessment bodies recognized by the board of building standards pursuant to section114 of the "Ohio Building Code" as listed in rule 1301:7-7-47 of the Administrative Code. Statement of Problem: Current OFC Section 115 includes outdated list of third-party conformity assessment bodies based on former OBC Appendix O & P. The Board now maintains and routinely updates a list of recognized conformity assessment bodies on its website: http://www.com.ohio.gov/dico/bbs/default.aspx. Committee Reason: Petition 29 is APPROVED IN PART. All previously coordinated work to align the Ohio Fire Code and Ohio Building Code will be carried forward as set forth in the Draft 2017 Ohio Fire Code; likewise, relevant new provisions of the 2015 IFC (and to the extent applicable the 2015 IBC) will be incorporated into the 2017 OFC with adoption and incorporation of the 2015 IFC as set forth in Petition 1 and in the Draft 2017 Ohio Fire Code. The specific proposed changes to 2011 OFC section 115 will be modified as follows:

19 Section 115 Research reports and testing laboratories (1) 115.1 In those cases in which a product is proposed for use in Ohio, but such product does not meet specific standards set by the “Ohio Fire Code,” the state fire marshal may require authenticated research reports from approved authoritative sources to assist in determining the acceptability of that product conformity assessment bodies recognized by the board of building standards pursuant to section114 of the "Ohio Building Code" as listed in rule 1301:7-7-80 of the Administrative Code. If no applicable or appropriate conformity assessment body is recognized by the board of building standards for the product proposed for use in Ohio, the state fire marshal may require authenticated research reports from approved authoritative sources to assist in determining the acceptability of that product. (2) 115.2 Authoritative sources recognized by the state fire marshal include, but are not limited to:

"American National Standards Institute, Inc. (ANSI) 25 West 43rd Street New York, New York 10018"

"American Society of Testing Materials (ASTM) 100 Barr Harbor Drive P.O. Box C700 West Conshohocken, Pennsylvania 19428-2959"

“Applied Research Laboratories of Florida, Inc. 650 Palm Avenue P.O. Box 489 Hialeah, Florida 33011”

“Bowser-Morner Testing Lab, Inc. 4518 Taylorsville Road P.O. Box 51 Dayton, Ohio 45424”

"Canadian Standards Association or CSA International 8501 East Pleasant Valley Road Cleveland, Ohio 44131-5575"

“Engineering Experiment Station The Ohio State University 2070 Neil Avenue Columbus, Ohio 43210”

“Factory Mutual Research Corporation (FM) 1151 Boston-Providence Turnpike Norwood, Massachusetts 02062”

“Guardian Fire Testing Laboratories, Inc. 399 Prospect Avenue Buffalo, New York 14201”

20 "Intertek Testing Services 24 Groton Avenue Cortland, New York 13045"

"National Institute of Standards and Technology (NIST) Building and Fire Research Laboratory 100 Bureau Drive Building 226, Room B216 Gaithersburg, Maryland 20899-8600"

“NSF International 789 Dixboro Road Ann Arbor, Michigan 48105”

“OMNI-Test Laboratories, Inc. 5465 SW Western Avenue Suite G P.O. Box 743 Beaverton, Oregon 97075”

“Resource International, Inc. 281 Enterprise Drive Westerville, Ohio 43081”

“SGS U.S. Testing Laboratories, Inc. Headquarters 5555 Telegraph Road Los Angeles, California 90040”

“Southwest Research Institute PO Drawer 28510 San Antonio, Texas 77228”

“TolTest, Inc. P.O. Box 2186 1915 North 12th Street Toledo, Ohio 43624”

“Underwriters’ Laboratories, Inc. (UL) 333 Pfingsten Road Northbrook, Illinois 60062”

“Underwriters Laboratories of Canada (ULC) 7 Crouse Road 7 Underwriters Road ScarboroughToronto, Ontario, Canada M1R 3A9” Petition ID: 30 Committee Action: Approved in Part Submitter: Ohio Board of Building Standards OFC Sections: Section 202

21 Proposed Change: General Petition - Keep all current Ohioizations based on previous coordinated work and coordinate all relevant new provisions from '15 IBC/'15 IFC with the next edition of the Ohio Building Code as it is developed. Add/modify (as applicable) definitions for the following terms from the Ohio Building Code: approved, approved agency, agricultural purposes, amusement rides, building service equipment, building service piping, commercial cooking recirculating system, I/R occupancies coordination from ‘12/’15 IBC/IFC, dwelling, dwelling unit, conformity assessment body, accreditation agency, power piping, process piping, SRO; above ground storage tank, engine mounted tank, fuel tank. Also coordinate occupancy definitions with OBC Chpt 3. Statement of Problem: Promote standardization in terminology used between the building and fire codes. Committee Reason: Petition 30 is APPROVED IN PART. All previously coordinated work to align the Ohio Fire Code and Ohio Building Code will be carried forward as set forth in the Draft 2017 Ohio Fire Code; likewise, relevant new provisions of the 2015 IFC (and to the extent applicable, like provisions of the 2015 IBC) will be incorporated into the 2017 OFC with adoption and incorporation of the 2015 IFC as set forth in Petition 1 and in the Draft 2017 Ohio Fire Code. Every effort has been made to coordinate all definitions and occupancy classifications as necessary. Some proposed defined terms, however, are not used in the OFC and, therefore, will not be incorporated into the OFC. Likewise, the SFM has made every effort to harmonize occupancy classification language as necessary. However, some specific proposed changes, such as language proposed regarding the Group E occupancy classification, have not been included in the draft 2017 OFC. The SFM would appreciate an opportunity to further discuss the proposed changes with Petitioner during the Comment Period. In addition, regarding proposed changes to Group I-1 and Group R-3 occupancy classifications, the SFM has, in an attempt to harmonize language between the OFC and OBC, reluctantly incorporated proposed language. However, the SFM is concerned that some changes will result in a lower level of care and safety for particularly vulnerable populations. Again, the SFM would welcome the opportunity to further discuss and develop these ideas during the Comment Period. The specific proposed definitional changes and occupancy classification modifications that will be included and/or other modifications that have been made to the OFC in response to the proposed language, will be incorporated as set forth in the Draft 2017 Ohio Fire Code; affected definitions and classifications include: approved, agency, agricultural building, dwelling, dwelling unit, SRO facility, Educational Group E, Factory Industrial Group F, High-hazard Group H-3, Institutional I-1, Residential Group R-1, Residential Group R-2, Residential Group R-3, Residential Group R-4, and Miscellaneous Group U. Petition ID: 31 Committee Action: Approved in Part Submitter: Ohio Board of Building Standards OFC Sections: Table 5003.1.1(1) Proposed Change: General Petition - Keep all current Ohioizations based on previous coordinated work and coordinate all relevant new provisions from '15 IBC/'15 IFC with the next edition of the Ohio Building Code as it is developed. Table 5003.1.1(1): In footnote i add "diesel oil" & coordinate with OBC Section 414 as modified by Amendments Group 90: ttp://www.com.ohio.gov/documents/dico_proposedchangesforOctober2015.pdf Statement of Problem: Promote standardization in handling above-ground storage tanks in both the building and fire codes and reduce conflicts in their application. Committee Reason: Petition 31 is APPROVED IN PART. All previously coordinated work to align the Ohio Fire Code and Ohio Building Code will be carried forward as set forth in the Draft 2017 Ohio Fire Code; likewise, relevant new provisions of the 2015 IFC (and to the extent applicable, like provisions of the 2015 IBC) will be incorporated into the 2017 OFC with adoption and incorporation of the 2015 IFC as set forth in Petition 1 and in the Draft 2017 Ohio Fire Code.

22 Regarding the proposed amendment of Table 2703.1.1(1), Footnote i to include “diesel oil,” the footnote provides that the maximum allowable quantity per control area for combustible liquids as specified does not apply to fuel oil storage complying with OFC section 603.3.2. The addition of ‘diesel oil’ is unnecessary and would be redundant. The proposed language will not be included in the 2017 OFC. The petition does not specifically reference Footnote l (L), but the following language contained in the footnote is in the 2011 OFC and has been deleted from the OBC as filed: l. Net weight of pyrotechnic composition of the fireworks. Where the net weight of the pyrotechnic composition of the fireworks is not known, 25 per cent of the gross weight of the fireworks including packaging shall be used. In the model code language this footnote applies to the storage of specified consumer fireworks; however, in a prior code revision cycle the relevant table and reference was Ohioized. The maximum allowable quantity in Ohio was changed to zero; footnote ‘r’ was added to the OFC to provide an MAQ for material classified as consumer fireworks by DOTn and exempted from regulation by R.C. section 3743.80. With this Ohioization, footnote l is not referenced in the OFC table and therefore will be deleted.

Regarding specific proposed coordination with OBC section 414, the following changes will be approved: cross references will be coordinated in OFC sections 2703.8.3, 2703.8.3.2, 2703.8.3.3, and 2703.8.3.4.

Language proposed for inclusion or deletion in the following OFC sections will be disapproved as follows: 2703.8.3.5 Hazardous materials in Group M display and storage areas and in group S storage areas: OBC language regarding allowable quantities for storage of flammable and combustible liquids in Group M occupancies will not be included in the OFC; the OBC provisions require compliance with the OFC and relevant OFC language is contained elsewhere in the OFC. 2704.2 Spill control and secondary containment for liquid and solid hazardous materials, OBC language regarding fire protection water discharge and methods of spill control will not be included in the OFC; the OBC provisions merely reference and require compliance with the OFC. Therefore, the OBC language is not needed in the OFC. OFC exception language and language regarding spill control for hazardous material liquids that is not contained in the OBC will be retained in the OFC; the language is appropriately in the OFC to address the provision of spill containment. Language included at OBC section 414.6 regarding ‘building services equipment’ will not be included in the OFC. “Building services equipment” is not a defined term or separate category of equipment for the purposes of the OFC; applicable outdoor storage, dispensing and use provisions (which may affect this type of equipment) are found elsewhere in the OFC.

The following OFC sections contain only slight non-substantive language differences from the companion OBC provisions, or the OBC provisions contain additional language that is not needed in the OFC; accordingly, they will not be amended to mirror the OBC: 2704.7, 2704.7.1, 2704.7.2, 2704.13, and 2705.3.9 (additional language contained in the OBC companion provisions – see OBC section 414.6.1 – are not necessary in the OFC); Table 2703.11.1, footnotes and Table 3404.3.4.1, table and footnotes (the companion of which is located in OBC rule 414). [Note: 2011 OFC Rule 34 will be relocated to Rule 57 in the 2017 OFC.] [*Editorial Note: The petition references “Table 5003.1.1(1)” and various sections of OFC rule “50;” 2011 OFC Rule 27 will be relocated to Rule 50 in the 2017 OFC in conjunction with the adoption and incorporation of the 2015 IFC as set forth in Petition 1. Accordingly, the references will change from 27 to 50, including the reference to Table 2703.1.1(1) which will be renumbered as Table 5003.1.1(1).] Petition ID: 32 Committee Action: Approved in Part Submitter: Ohio Board of Building Standards OFC Sections: Sections 603, 604, 607 & 609

23 Proposed Change: General Petition - Keep all current Ohioizations based on previous coordinated work and coordinate all relevant new provisions from '15 IBC/'15 IFC with the next edition of the Ohio Building Code as it is developed. Sections 603/607: Coordinate language with existing Ohio Building Code Chapter 27 & Ohio Mechanical Code Chapters 9 & 13. Section 604: Coordinate language with Ohio Building Code Section 2702 and Ohio Mechanical Code Section 915 and Chapter 13 as modified by Amendments Group 90: http://www.com.ohio.gov/documents/dico_proposedchangesforOctober2015.pdf Statement of Problem: Promote standardization in handling above-ground storage tanks in both the building and fire codes and reduce conflicts in their application. Committee Reason: Petition 32 is APPROVED IN PART. All previously coordinated work to align the Ohio Fire Code and Ohio Building Code will be carried forward as set forth in the Draft 2017 Ohio Fire Code; likewise, relevant new provisions of the 2015 IFC (and to the extent applicable, like provisions of the 2015 IBC) will be incorporated into the 2017 OFC with adoption and incorporation of the 2015 IFC as set forth in Petition 1 and in the Draft 2017 Ohio Fire Code. Coordination of OFC section 603 with OBC Chapter 27 and OMC Chapters 9 and 13 will be as set forth in the 2017 OFC and as follows: The provisions of OBC Chapter 27 more appropriately align with OFC section 604 and are addressed below in discussion regarding coordination of OFC section 604.

Regarding coordination of OFC section 603 and Chapter 9 of the OMC, there is little overlap except for topical provisions concerning masonry fireplaces or chimneys (OMC section 902 and OFC section 603.2). The provisions do not address the same parameters and no coordination is necessary. To the extent the OFC speaks to construction provisions for masonry chimneys or factory build chimneys, it merely requires them to be built in accordance with the OMC and OBC respectively. There is no need for duplicative substantive provisions in these OFC sections. The same is true regarding Incinerators (OMC section 907 and OFC section 603.9). Regarding construction, the OFC merely states that incinerators be built in accordance with the OBC, the OMC, and the International Fuel Gas Code. Additional provisions in the OFC set restrictions for use to address safety issues and set forth inspection authority. No coordination is necessary.

Regarding coordination of OFC section 603 and Chapter 13 of the OMC, OMC section 1308 (Fuel Oil and Diesel Oil Storage) does overlap with OFC section 603.3. Specifically, new language added to OMC section 1308.3.1 adds conditions that must be met in order for the aggregate quantity limits for fuel oil storage tanks listed in accordance with UL 2085 to be increased from 660 gallons to 3,000 gallons. These provisions will be amended and included in the 2017 OFC. The OFC contains language at section 603.3.4 regarding protection for aboveground storage tanks for the storage of fuel oil that are not contained in the OMC. The provisions will be retained in the OFC; however, certain other provisions affecting aboveground storage tanks have been made in accordance with Petitions 89 and 98. Coordination of OFC section 604 with OBC section 2702 and OMC section 915 and Chapter 13 will be as set forth in the 2017 OFC and as follows. Regarding coordination between OFC section 604, OBC section 2702, and OMC section 915, these sections contain provisions address emergency and standby power systems. However, the OBC has added provisions regarding stationary generators (See OBC section 2702.1.1 and OMC section 915) that are a deviation from national provisions. No justification for the deviation, and no indication why the deviation is necessary, has been provided. The provisions will not be included in the OFC; however, the SFM would welcome further discussions regarding and development of these provisions during the Comment Period to ensure harmony between the OBC and OFC. Exceptions in OFC section 604.2.7,

24 Group I-3 occupancies which are not contained in the OBC will be retained in the OFC. Other provisions of OFC section 604 and OBC section 2702 do not contain substantive differences and will not be amended. Further coordination of OFC section 604 and OMC section 915 (beyond the above) is not necessary because either there are no other substantive differences in language or no other overlapping provisions. Coordination of OFC section 604 with OMC Chapter 13 is not necessary because either there are no substantive differences in language or there are no overlapping provisions. Coordination of OFC section 607 with OBC Chapter 27 and OMC Chapters 9 and 13 is not necessary because either there are no substantive differences in language or there are no overlapping provisions. Coordination of OFC section 609 with OBC Chapter 27 and OMC Chapters 9 and 13 is not necessary because either there are no substantive differences in language or there are no overlapping provisions.

To the extent that further development and/or coordination between provisions of the OBC and OFC are warranted, or have not been addressed above or in the Draft 2017 OFC, the SFM welcomes further development and coordination during the Comment Period, or at any time to ensure that the OFC and OBC work together to create the safest possible structures in as clear and precise of a manner as possible. Petition ID: 33 Committee Action: Approved in Part Submitter: Ohio Board of Building Standards OFC Sections: Various sections in Chapter 9 from current OFC. See attached. [Will be made available upon request] Proposed Change: See attachment. [Will be made available upon request] Statement of Problem: Promote standardization between the building and fire codes and reduce conflicts in their application. Committee Reason: Petition 33 is APPROVED IN PART. All previously coordinated work to align the Ohio Fire Code and Ohio Building Code will be carried forward as set forth in the Draft 2017 Ohio Fire Code; likewise, relevant new provisions of the 2015 IFC (and to the extent applicable, like provisions of the 2015 IBC) will be incorporated into the 2017 OFC with adoption and incorporation of the 2015 IFC as set forth in Petition 1 and in the Draft 2017 Ohio Fire Code. Regarding specific proposed changes to OFC Chapter 9, proposed changes will be approved as follows: 903.2.1.3 Group A-3 and 903.2.1.4 Group A-4 will have exceptions added for specified participant sports areas. 903.2.8 Group R (Automatic sprinkler systems – where required) – the exceptions will be amended to maintain consistency between the OFC and the OBC. 903.3.1.3, NFPA 13 D sprinkler systems, will be amended to reference Group R-3 and Group R-4 Condition 1 and townhouses. 903.4, sprinkler system supervision and alarms, will be amended to delete the first exception (automatic sprinkler systems protecting one- and two-family dwellings). 906.1, Where required (portable fire extinguishers) will be amended to add an exception regarding A, B and E occupancies equipped with quick response sprinklers and to require portable fire extinguishers within 30 feet of commercial cooking equipment and domestic cooking equipment in Group iI-2 nursing homes. Table 907.5.2.3.2, Visible Alarms, will be amended to require alarms for 2-25 sleeping units (previously 6-25 sleeping units). 914.7.1 Automatic sprinkler system, will be amended to exempt temporary special amusement occupancies in existing buildings of less than 5,000 square feet with a travel distance of less than 50 feet from any point to an exit. This language is being included in the OFC in an

25 attempt to harmonize the OFC and the OBC, particularly with regard to expensive protection systems. However, this is a vulnerable occupancy – many people are confined in small, dark unfamiliar surroundings where the point it to disorient and confuse. The SFM is also concerned that the companion provision of the OBC (OBC 411.4) authorizes the building code official to make determinations regarding what safety measures can be put in place to provide a level of fire safety equivalent to the level of safety provided by automatic fire sprinklers. The OFC will require that determination from a fire code official. 903.2.11.1.3, Basements, will be amended to harmonize sprinkler requirements; however, the SFM – again – is concerned that this standard lowers safety levels for basement occupants where egress is often limited and obstructions may be in place that impede the application of water in an emergency situation. 904.3.2 Actuation will be amended to delete language regarding automatic fire-extinguishing systems where multiple hazards exist. These requirements are addressed elsewhere in the OFC and in the OBC and are not needed here. 905.3 Required installations (standpipe systems), will be amended to place pointer language to OFC provisions regarding installation requirements. 907.2.9.3 Group R-2 college and university buildings, will be amended to add language regarding requirements for fire alarm and detection systems for specified buildings owned or operated by a college or university. Proposed changes to the following OFC sections will be disapproved: 907.2.7 Group M (Automatic sprinkler systems – where required) requires an automatic sprinkler system for Group M occupancy used for the display and sale of upholstered furniture or mattresses that exceed 5,000 square feet; the Petition proposes to change this provision to apply to occupancies that exceed 8,000 square feet. The increase in the square footage allowed before a sprinkler system has to be installed will directly compromise the safety of first responders – and patrons – in these facilities in the event of a fire emergency. Mattresses and upholstery are a particularly combustible commodity and are generally housed in wide open spaces with no fire breaks. The increase in the square footage would be a departure from the national standard and would compromise safety. It will not be included in the 2017 OFC. 914.3.2 Secondary water supply will not be amended to delete the reference to the hazard classification. The duration of water supply must be determined based on the occupancy hazard classification. 904.2.1 Commercial hood and duct systems, will not be amended to reference Chapter 5 of the OMC; the change is not necessary because the OFC sends the reader to OFC paragraph 609, which in turn references the OMC. OFC 903.2.11.2 Rubbish and linen chutes, will not be amended to delete the requirement for additional sprinkler heads at alternate floors and for extensions as proposed. (Incidentally, the deletion was not made in the OBC as filed.) 907.4 Initiating devices – manual fire alarm boxes will not be amended to delete “visible.” It is imperative that manual fire alarm boxes remain visible at all times. 907.5.2.3.3 Group R-2 (Occupant notification systems – Visible Alarms), will not be amended to delete language as set forth in the Petition regarding future interconnection. (Incidentally, the deletion was not made in the OBC as filed.) 909.13.1 Materials (Smoke control systems – Control air tubing) will not be amended to include OMC language in Exception 1; the OFC references the OMC and the insertion of the actual OMC text is not necessary in the OFC. Petition ID: 34 Committee Action: Approved in Part

26 Submitter: Ohio Board of Building Standards OFC Sections: Chapter 10 Proposed Change: See attached. [Will be made available upon request] Statement of Problem: Promote standardization between the building and fire codes and reduce conflicts in their application. Committee Reason: Petition 34 is APPROVED IN PART. All previously coordinated work to align the Ohio Fire Code and Ohio Building Code will be carried forward as set forth in the Draft 2017 Ohio Fire Code; likewise, relevant new provisions of the 2015 IFC (and to the extent applicable, like provisions of the 2015 IBC) will be incorporated into the 2017 OFC with adoption and incorporation of the 2015 IFC as set forth in Petition 1 and in the Draft 2017 Ohio Fire Code. Regarding specific proposed changes to OFC Chapter 10, proposed changes will be approved as follows: ADAAG references will, due to a change in federal requirements, be updated to reference the more current 2010 Americans with Disabilities Act Standard for Accessible Design; cross references to OBC Chapter 11 will also be included. 1027.2 Use in a means of egress (Exterior exit stairways and ramps) will be amended to include reference to I-4 occupancies and daycare facilities in Group E Occupancies. Proposed language in the following OFC sections will be disapproved: 1009.1.4 Stairway to elevator equipment, will not be deleted as proposed; maintenance access for such equipment is necessary. 1024 Luminous egress path markings will not be deleted; these requirements are contained in the model codes and provide an important measure of safety for first responders and building occupants in emergency situations. (Note: the provisions, however, will move from section 1024 to section 1025.) 1029.1.1 Bleachers will not be amended so that only Chapters 1-4 of ICC 300 apply to bleachers, grandstands and folding and telescopic seating; the final chapter of the standard (Chapter 5) addresses existing bleachers, grandstands and folding and telescopic seating and will remain referenced in the OFC and will be applicable in accordance with the provisions of the OFC. Petition ID: 35 Committee Action: Approved in Part Submitter: Ohio Board of Building Standards OFC Sections: 4101:7-7-57 Proposed Change: General Petition - Keep all current Ohioizations based on previous coordinated work and coordinate all relevant new provisions from '15 IBC/'15 IFC with the next edition of the Ohio Building Code as it is developed. Chapter 57: Coordinate with OBC Sections 2702 & 414 and OMC Section 915 & Chapter 13 as modified by Amendments Group 90:http://www.com.ohio.gov/documents/dico_proposedchangesforOctober2015.pdf Statement of Problem: Promote standardization in handling above-ground storage tanks in both the building and fire codes and reduce conflicts int eh [stet] their application. Committee Reason: Petition 35 is APPROVED IN PART. All previously coordinated work to align the Ohio Fire Code and Ohio Building Code will be carried forward as set forth in the Draft 2017 Ohio Fire Code; likewise, relevant new provisions of the 2015 IFC (and to the extent applicable, like provisions of the 2015 IBC) will be incorporated into the 2017 OFC with adoption and incorporation of the 2015 IFC as set forth in Petition 1 and in the Draft 2017 Ohio Fire Code.

To the extent the Petition proposes the coordination of OFC Chapter 34 with OBC section 2702, there is little, if any, overlap or substantive differences between these provisions. Coordination of OBC section 2702 with provisions of the OFC fits more appropriately with OFC Rule 6. See response to Petition 32 for coordination.

27 To the extent the Petition proposes the coordination of OFC Chapter 34 with OBC section 414, there is little overlap or substantive differences between these provisions. Coordination of OBC section 414 with provisions of the OFC fits more appropriately with OFC Rule 27. See response to Petition 31 for coordination. One exception is found in OBC Table 414.2.5(2) which is comparable to OFC Table 3404.3.4.1; however, there are no substantive differences between the tables and no further coordination is necessary. Se also, Petition 31.

To the extent the Petition proposes the coordination of OFC Chapter 34 with OMC section 915, there is little, if any, overlap between these provisions. Coordination of the OFC with provisions of OMC section 915 fits more appropriately with OFC Rule 6. See response to Petition 32 for coordination.

To the extent the Petition proposes the coordination of OFC Chapter 34 with OMC Chapter 13, there is little, if any, overlap between these provisions. Coordination of the OFC with provisions of OMC Chapter 13 fits more appropriately with OFC Rule 6. See response to Petition 32 for coordination.

[Editorial Note: 2011 OFC Chapter 34 will be renumbered as Chapter 57 under the new numbering structure of the 2015 IFC. This numbering change will be incorporated in the 2017 OFC in accordance with the adoption and incorporation of the 2015 IFC as set forth in Petition 1.] Petition ID: 36 Committee Action: Disapproved Submitter: William H. McGlinchey, AFV International OFC Sections: 2204.3.11 Proposed Change: OLD: (k) 2204.3.11 Required fire protection. In addition to fire protection equipment otherwise required by this code, an unattended motor fuel-dispensing facility shall also include automatic fixed suppression systems, and automatic fire detection, and transmission of an alarm to an off-site approved supervising station in accordance with paragraph (C)(4)(a)(903.4.1) of rule 1301:7-7-09 of the Administrative Code. 4

NEW: (k) 2204.3.11 Required fire protection. In addition to fire protection equipment otherwise required by this code, an unattended motor fuel-dispensing facility shall also include automatic fixed suppression systems, and automatic fire detection, and transmission of an alarm to an off-site approved supervising station in accordance with paragraph (C)(4)(a)(903.4.1) of rule 1301:7-7-09 of the Administrative Code. Statement of Problem: The natural gas industry has an enviable safety record. To date there have been three fatalities reported in the thirty years I have been involved. This compares to 1.28 deaths per 100 million VMT for gasoline.*1 *1 Gas Research Institute; Chicago, IL This accomplishment has been driven by voluntary standards developed by the industry itself. Specifically, the NGV-2 Edition 2007 dictates performance requirements for CNG cylinder systems and has been in effect since 1992 (http://webstore.ansi.org/RecordDetail.aspx?sku=ANSI+NGV2-2007). A recent document authored by the Petroleum Equipment Institute was developed to address CNG fill station, PEI RP1500-15, “Recommended Practices for the Design, Installation, Operation and Maintenance of Compressed Natural Gas Vehicle Fueling Facilities” may be of help in drafting changes to the existing code. (http://www.techstreet.com/pei/products/1891574). It represents the ‘Best Industry Practices’ and makes no requirement or reference to fire suppression systems at unattended CNG stations. See section 9.10. 9.10 Unattended Facilities. If the fueling facility will operate unattended all or some of the time, additional measures may be necessary to improve facility safety and security. Consider including the following features in the design of unattended facilities: • fire alarm pull box;

28 • gas detection system with sensors located in both skid-mounted and field-erected compressor enclosures that will activate the facility emergency shutdown system; • video surveillance system to remotely monitor activities at the site; • data-gathering system to remotely monitor fueling system parameters, such as gas pressure and temperature, compressor oil level, etc., with automatic notification of appropriate personnel in the event of a problem; • dedicated emergency phone; • prominently posted phone contact information for end users to report operational or equipment problems to appropriate personnel; • prominent signage describing both normal fueling procedures and emergency procedures; • fueling instructions for end users at public facilities (Instructions may be provided using dispenser displays, readily visible brochures, prominent instructions on the dispenser cabinet or other equally effective means. See Section 14.4.1.); • a requirement that end users enter personal identification numbers (PINs) prior to each fueling event. (End users obtain PINs after completing appropriate training. See Section 14.4.1.) Therefore, we would recommend the deletion of the reference to ‘automatic fixed suppression systems’ in Section 2204.3.11 of the current code. Committee Reason: Petition 36 is DISAPPROVED. The petition deletes the required automatic fixed suppression system at all motor fuel-dispensing facilities that are unmanned and open to the public regardless of the type of fuel being dispensed. This effect if overly broad. [See also Petitions 18, 19, 22, and 37 for additional submissions regarding this topic] [Please note: 2011 Chapter 22 provisions – Motor Fuel Dispensing Facilities & Garages - will be relocated to Chapter 23 in the 2017 OFC]. Petition ID: 37 Committee Action: Disapproved Submitter: William H. McGlinchey, AFV International OFC Sections: 2204.3.11 Proposed Change: OLD: (k) 2204.3.11 Required fire protection. In addition to fire protection equipment otherwise required by this code, an unattended motor fuel-dispensing facility shall also include automatic fixed suppression systems, and automatic fire detection, and transmission of an alarm to an off-site approved supervising station in accordance with paragraph (C)(4)(a)(903.4.1) of rule 1301:7-7-09 of the Administrative Code. 4

NEW: (k) 2204.3.11 Required fire protection. In addition to fire protection equipment otherwise required by this code, an unattended motor fuel-dispensing facility shall also include automatic fixed suppression systems, and automatic fire detection, and transmission of an alarm to an off-site approved supervising station in accordance with paragraph (C)(4)(a)(903.4.1) of rule 1301:7-7-09 of the Administrative Code. Statement of Problem: The natural gas industry has an enviable safety record. To date there have been three fatalities reported in the thirty years I have been involved. This compares to 1.28 deaths per 100 million VMT for gasoline.*1 *1 Gas Research Institute; Chicago, IL This accomplishment has been driven by voluntary standards developed by the industry itself. Specifically, the NGV-2 Edition 2007 dictates performance requirements for CNG cylinder systems and has been in effect since 1992 (http://webstore.ansi.org/RecordDetail.aspx?sku=ANSI+NGV2-2007). A recent document authored by the Petroleum Equipment Institute was developed to address CNG fill station, PEI RP1500-15, “Recommended Practices for the Design, Installation, Operation and Maintenance of Compressed Natural Gas Vehicle Fueling Facilities” may be of help in drafting changes to the existing code. (http://www.techstreet.com/pei/products/1891574).

29 It represents the ‘Best Industry Practices’ and makes no requirement or reference to fire suppression systems at unattended CNG stations. See section 9.10. 9.10 Unattended Facilities. If the fueling facility will operate unattended all or some of the time, additional measures may be necessary to improve facility safety and security. Consider including the following features in the design of unattended facilities: • fire alarm pull box; • gas detection system with sensors located in both skid-mounted and field-erected compressor enclosures that will activate the facility emergency shutdown system; • video surveillance system to remotely monitor activities at the site; • data-gathering system to remotely monitor fueling system parameters, such as gas pressure and temperature, compressor oil level, etc., with automatic notification of appropriate personnel in the event of a problem; • dedicated emergency phone; • prominently posted phone contact information for end users to report operational or equipment problems to appropriate personnel; • prominent signage describing both normal fueling procedures and emergency procedures; • fueling instructions for end users at public facilities (Instructions may be provided using dispenser displays, readily visible brochures, prominent instructions on the dispenser cabinet or other equally effective means. See Section 14.4.1.); • a requirement that end users enter personal identification numbers (PINs) prior to each fueling event. (End users obtain PINs after completing appropriate training. See Section 14.4.1.) Therefore, we would recommend the deletion of the reference to ‘automatic fixed suppression systems’ in Section 2204.3.11 of the current code. Committee Reason: Petition 37 is DISAPPROVED. Petition 37 deletes the required automatic fixed suppression system at all motor fuel-dispensing facilities that are unmanned and open to the public regardless of the type of fuel being dispensed. This effect is overly broad. [See also Petitions 18, 19, 22, and 36 for additional submissions regarding this topic] [Please note: 2011 Chapter 22 provisions – Motor Fuel Dispensing Facilities & Garages - will be relocated to Chapter 23 in the 2017 OFC]. Petition ID: 38 Committee Action: Disapproved Submitter: Steve Thickstun, Advanced Fuel Systems OFC Sections: OAC 1301:7-7-34 Other OFC Sections: 3404.2.9.8 Inspection Proposed Change: Above ground tanks storing flammable, combustible, or hazardous liquids shall be inspected annually for continued compliance with state fire and environmental regulations. Inspections may be performed by a BUSTR licensed CUSTI or Installer or an individual holding a STI CP001 tank inspector certificate. Statement of Problem: Many tanks are poorly maintained or modified without consideration for fire safety and are dangerous to the public and the environment. BUSTR currently has over 600 individuals licensed as tank installers or CUSTI’s and another large number are STI SP001 certified inspectors. The USEPA requires regular inspections of above ground tanks storing flammable, combustible, or hazardous liquids including an annual inspection. Committee Reason: Petition 38 is DISAPPROVED. Petition 24 seeks the implementation of a certification program for those who oversee the installation, modification, abandonment or removal of above ground storage tanks (AST’s). The instant Petition goes further and seeks the implementation of an annual inspection for AST’s (which is not currently required by the OFC) and designates that specified certified individuals be authorized to conduct the inspections. As stated in response to Petition 24, the SFM is generally supportive of a certification program regarding AST’s (see response to Petition 24). However, the

30 SFM has determined that the actual establishment of a program of this scope should only occur as specifically directed by the General Assembly. Unless and until the legislature gives direction to the SFM regarding such a program, the SFM will not comment on the efficacy of whether or not annual inspections would be warranted or on what qualifications such inspectors would be required to hold. Accordingly, Petition 38 is disapproved. Petition ID: 39 Committee Action: Disapproved Submitter: Steve Thickstun, Advanced Fuel Systems OFC Sections: OAC 1301:7-7-34 Other OFC Sections: 3404.2.9.7 Installation Proposed Change: Above ground tanks storing flammable, combustible, or hazardous liquids shall have their installation overseen and certified by a licensed tank installer certified by the State of Ohio BUSTR prior to being placed in service. Statement of Problem: Much of the work done on above ground tanks is unprofessional and dangerous to the public and the environment. BUSTR currently has over 600 individuals licensed as tank installers. Committee Reason: Petition 39 is DISAPPROVED. Although the SFM is generally supportive of a certification program for those installing AST’s, to be consistent with the provisions of Ohio Revised Code section 3737.89 the SFM has determined that the actual establishment of a program of this scope should only occur as specifically directed by the General Assembly. Thus, there will not be language establishing an AST installer certification program incorporated into the 2017 OFC at this time. Regardless, however, even in the event that such a program is ultimately developed, it would not be appropriate to mandate that all AST installations be overseen by a BUSTR certified tank installer. There are qualified individuals currently engaged in the installation and inspection of ASTs, many of whom are not engaged in work concerning USTs. To require them to become licensed by BUTSR for work they will not do, in order to continue to do the work they are already doing is not warranted. Furthermore, components of ASTs and USTs are very different and the installation criteria for a BUSTR regulated tank are very different from the installation criteria for an AST. Many UST criteria are not applicable to AST’s. To require that all AST installations be overseen by an individual licensed through BUSTR would also require BUSTR certification programs to be restructured to ensure proper education regarding these differences. Such would not be practical and would likely have the unintended consequence of expanding BUSTR beyond the legislative directives and intent of the BUSTR program. [Please note: 2011 Chapter 34 provisions – Flammable and Combustible Liquids - will be relocated to Chapter 57 in the 2017 OFC]. Petition ID: 40 Committee Action: Disapproved Submitter: Steve Thickstun, Advanced Fuel Systems OFC Sections: 1301:7-7-34 Other OFC Sections: 3403.6 Testing Proposed Change: Revise text to include vacuum testing in addition to hydrostatic and pneumatic. Statement of Problem: Some systems cannot be safely pressurized without damage to the tank or system. Vacuum testing is commonly used on underground tank interstices to guarantee that the tanks are tight. Committee Reason: Petition 40 is DISAPPROVED. Petitioner proposes to add language to the OFC to approve vacuum testing as an appropriate method of testing piping prior to its being covered. Petitioner states that such testing is commonly used to test underground storage tank interstices. However, there is no indication that vacuum testing has been used to adequately test piping related to ASTs and no indication that the currently available testing methods (i.e., hydrostatic testing and pneumatic testing) are inadequate. The SFM has not received any data indicating that vacuum testing is needed or that such testing would be sufficient to adequately test AST piping systems. Furthermore, there is no information provided regarding a standard to which a vacuum test should be conducted for testing AST piping. Finally, pursuant to SFM/ WG review of IFC language and commentary, and discussions with industry leaders and representatives

31 from NFPA, there has been no consideration of such testing at the national level and vacuum testing is not an approved testing method at the national level. Any change of the proposed language and any addition of new testing methods should be addressed at the national level first so that adequate quantifiable data can be produced to demonstrate need and effectiveness. [Please note: 2011 Chapter 34 provisions – Flammable and Combustible Liquids - will be relocated to Chapter 57 in the 2017 OFC]. Petition ID: 41 Committee Action: Disapproved Submitter: Steve Thickstun, Advanced Fuel Systems OFC Sections: OAC 1301:7-7-34 Other OFC Sections: 3404.2.9.6.8 Spill containers Proposed Change: Revise text to permit the use of spill containers smaller than 5 gallons for small capacity tanks and generator base tanks. Statement of Problem: Some systems do not have sufficient space in or near the generator enclosure for a 5-gallon container. Smaller containers are available and more appropriate for those uses. Committee Reason: Petition 41 is DISAPPROVED. Spill containment provisions of this section are designed to capture any spillage that occurs during filling operations. It is not the size of the tank that matters, but rather the issue is the capture of any product left in the hose during product delivery after the tank capacity is reached. Spillage during filling operations can occur in amounts in excess of the tank capacity and national standards have been implemented to suggest that the smallest spill container bucket permitted is 5 gallons. The SFM has not received any information indicating that this is an issue or that containment of less than 5 gallons is sufficient to capture spillage during fill operations. A change in this provision would best be first addressed at the national level. Furthermore, Petitioners states that space in or near a generator enclosure is an issue and that sometimes there is not sufficient space for a 5 gallon bucket. However, the spill containers for generators are required to be a permanent part of the tank and should be incorporated or accommodated at the design stage. If spill containment is not incorporated into the design of the tank and there is not sufficient room for a spill bucket in the enclosure, the spill bucket can be remotely located outside of the enclosure via the use of additional piping. The code allows remote location of spill containers. [Please note: 2011 Chapter 34 provisions – Flammable and Combustible Liquids - will be relocated to Chapter 57 in the 2017 OFC]. Petition ID: 42 Committee Action: Disapproved Submitter: Steve Thickstun, Advanced Fuel Systems OFC Sections: 1301:7-7-45 Other OFC Sections: 1106.2 Proposed Change: Change NFPA-407-1996 to NFPA-407-2016. Statement of Problem: NFPA-4071996 was replaced by two editions since 1996. The new edition, NFPA- 407-2016 is the most extensive and detailed rewrite and update of the entire publication since 1987 Committee Reason: Petition 42 is DISAPPROVED. First, to clarify, the current 2011 OFC does not reference the 1996 version of NFPA 407; the current referenced standard of NFPA 407 in the OFC is the 2007 version. Second, there is no 2016 version of NFPA 407; there is 2012 version and a 2017 version that has only recently been updated. The SFM/WG will presume that this is a typographical error and that the petitioner intended to propose the adoption of 2017 NFPA 407. The 2017 OFC will not be updated to include reference to the 2017 version of NFPA 407. It will, however, be updated to reference the 2012 version of NFPA 407. The 2015 IFC, which the 2017 OFC will be based on, updates the referenced standards portion of the code to refer to the 2012 NFPA 407 and not the 2017 NFPA 407. The OFC will be updated accordingly to remain consistent with the IFC. [Note: In the current 2011 OFC, the referenced standards are located at Rule 45; in the 2017 OFC, the referenced standards will be located at Rule 80. This will be done to incorporate restructuring and new numbering contained in the 2015 IFC.]

32 Petition ID: 43 Committee Action: Disapproved Submitter: Steve Thickstun, Advanced Fuel Systems OFC Sections: 1301:7-7-45 Other OFC Sections: 1106.2 Proposed Change: Add PEI (Petroleum Equipment Institute) RP-1300 Statement of Problem: This is a new document that compiles and codifies national and International airport fueling codes for airport fuel storage and dispensing systems. It is now a referenced document in NFPA- 407 and FAA standards. Committee Reason: Petition 43 is DISAPPROVED. As written, the language in the Petition would include PEI RP1300 as a mandated standard that must be followed. Although NFPA 407 (2017) does reference PEI RP1300 it does not adopt the standard as a substantive part of NFPA 407. Rather, the scoping statement of NFPA 407 states that it is “not intended to be used as the sole standard for design, construction, operation, and maintenance of fuel storage and transfer facilities, as it does not address requirements for environmental protection, fuel quality, or other issues not directly related to fire safety.” NFPA 407 (2017) § 1.1.2; emphasis added. The appendix for this provision indicates that other documents, including PEI RP- 1300 amongst many others, may contain “additional guidance.” NFPA 407 (2017) § A.1.1.2. Matters or fire safety, however, are covered in NFPA 407. Regardless, NFPA 407 (2017) is not the referenced standard in the OFC. Currently, the OFC references NFPA 407 (2007). However, the 2012 IFC updates its referenced standards to include NFPA 407 (2012) and therefore, the NFPA 407 (2012) will be included as the referenced standard in the 2017 Ohio Fire Code in accordance with the adoption and incorporation of the 2015 IFC as set forth in Petition 1. NFPA 407 (2012) also does not adopt (or reference in the appendix or elsewhere) PEI RP1300. Therefore, the standard and the language proposed in the Petition will not be adopted as a part of the 2017 OFC at section 1106.2 or in the referenced standards. [Please note: 2011 Chapter 11 provisions – Aviation Facilities – will be relocated to Chapter 20 in the 2017 OFC; 2011 Chapter 47– Referenced Standards - will be relocated to Chapter 80 in the 2017 OFC.] Petition ID: 44 Committee Action: Disapproved Submitter: Steve Thickstun, Advanced Fuel Systems OFC Sections: OAC 1301:7-7-11 Other OFC Sections: 1106.2 Proposed Change: Add: and in accordance with PEI RP-13000. Statement of Problem: PEI RP-1300 codifies airport fuel system construction and design rules. This document did not exist prior to 2013. This document is referenced in U.S. Government standards and in NFPA-407-2016. Committee Reason: Petition 44 is DISAPPROVED. As written, the language in the Petition would include PEI RP1300 as a mandated standard that must be followed. Although NFPA 407 (2017) does reference PEI RP1300 it does not adopt the standard as a substantive part of NFPA 407. Rather, the scoping statement of NFPA 407 states that it is “not intended to be used as the sole standard for design, construction, operation, and maintenance of fuel storage and transfer facilities, as it does not address requirements for environmental protection, fuel quality, or other issues not directly related to fire safety.” NFPA 407 (2017) § 1.1.2; emphasis added. The appendix for this provision indicates that other documents, including PEI RP- 1300 amongst many others, may contain “additional guidance.” NFPA 407 (2017) § A.1.1.2. Matters or fire safety, however, are covered in NFPA 407. Regardless, NFPA 407 (2017) is not the referenced standard in the OFC. Currently, the OFC references NFPA 407 (2007). However, the 2012 IFC updates its referenced standards to include NFPA 407 (2012) and therefore, the NFPA 407 (2012) will be included as the referenced standard in the 2017 Ohio Fire Code in accordance with the adoption and incorporation of the 2015 IFC as set forth in Petition 1. NFPA 407 (2012) also does not adopt (or reference in the appendix or elsewhere) PEI RP1300. Therefore, the standard and the language proposed in the Petition will not be adopted as a part of the 2017 OFC at section 1106.2 or in the referenced standards.

33 [Please note: 2011 Chapter 11 provisions – Aviation Facilities – will be relocated to Chapter 20 in the 2017 OFC; 2011 Chapter 47– Referenced Standards - will be relocated to Chapter 80 in the 2017 OFC.] Petition ID: 45 Committee Action: Disapproved Submitter: Steve Thickstun, Advanced Fuel Systems OFC Sections: OAC 1301:7-7-45 Other OFC Sections: 1106.2 Proposed Change: Add UL (Underwrites Laboratories, Inc.) Standard References UL-142 and UL-2085. Statement of Problem: UL-142 and UL-2085 are the standard reference documents for above ground storage tanks and are required by NFPA-30, 30A. Committee Reason: Petition 45 is DISAPPROVED. The Petition does not propose the adoption of the referenced standards in connection with a specific code requirement and therefore does not ask that UL- 142 or UL-2085 be incorporated into the OFC for the purpose of being the standard for any specific reason. There is no justification for the adoption of the standard without a provision within the text of the OFC which would impose the standards for a specific purpose. To the extent the Petition indicates that OFC section 1106.2 will be affected by the inclusion of the 2 standards, current section 1106.2 speaks to airport fuel systems and requires that they be designed and constructed in accordance with 2007 NFPA 407, which does not list UL 142 or UL 2085 as a referenced publication. However, in the 2017 OFC, the referenced standard for this provision will be updated to 2012 NFPA 407.* 2012 NFPA 407 references 2012 NFPA 30; 2012 NFPA 30 does reference UL 142. Therefore, to the extent OFC section 1106.2 sends the reader to NFPA 407 and NFPA 407 sends the reader to NFPA 30, and to the extent NFPA 30 dictates that UL 142 is the applicable standard, it is not necessary to separately reference UL 142 in the OFC Referenced Standards located in OFC Rule 47. [Incidentally, OFC Rule 22 (Motor Fuel-Dispensing Facilities and Repair Garages) and OFC Rule 34 (Flammable & Combustible Liquids) also require compliance with NFPA 30 for specific provisions.] Regarding UL 2085, the 2017 OFC will – at specific provisions – require compliance with NFPA 30A (2015). NFPA 30A (2015) does list UL 2085 as a referenced standard. NPFA 30A (2015) is referenced in the OFC with regards to certain provisions concerning Motor fuel dispensing facilities and repair garages. Therefore, again, with regard to those provisions in the OFC that send the reader to a referenced standard and that standard mandates compliance with UL 2085, UL 2085 would be the applicable standard and it would not be necessary to separately reference UL 2085 in the OFC Referenced Standards located in OFC Rule 47. Therefore, based on the above, the OFC Referenced Standards will not be updated to specifically reference UL 142 or UL 2085. However, these standards may apply in specific circumstances where the applicable referenced standards mandate compliance with them. [*Please note, the 2017 OFC will be updated to reference 2012 NFPA 407 in accordance with the adoption and incorporation of the 2015 IFC as set forth in Petition 1.] [Editorial note: 2011 Chapter 11 provisions – Aviation Facilities – will be relocated to Chapter 20 in the 2017 OFC; 2011 Chapter 22 provisions – Motor Fuel Dispensing Facilities & Garages – will be relocated to Chapter 23 in the 2017 OFC; 2011 Chapter 34 provisions – Flammable and Combustible Liquids – will be relocated to Chapter 57 in the 2017 OFC; 2011 OFC Chapter 47 Referenced standards will be relocated to Chapter 80.] Petition ID: 46 Committee Action: Disapproved Submitter: Greg Kessinger OFC Sections: 104.2.2 Proposed Change: 104.2.2. If a qualified fire code official participates in the plan review process described in this paragraph and Section 105.4.1.1 and that fire code official determines that the proposed construction would result in the construction of a structure not in compliance with this code, the fire code official may, upon request of the responsible person, issue an order directing that all construction be done in accordance with this code. If the responsible person does not submit revised construction documents evidencing

34 compliance with this code within a time period acceptable to the fire code official, the fire code official may issue a citation in accordance with section 3737.42 of the Revised Code requiring the submission of revised construction documents and construction of the structure or fire protection feature in accordance with this code. Construction of a structure or fire protection feature subject to this paragraph must be in compliance with the provisions of this code. Statement of Problem: The same level of professional service to the public should be required of the fire official as is required of a building official. Qualifications may include those that are NICET Certified Level IV, ICC Certified Fire Alarm Certified Plan Reviewer, or similar certification. Committee Reason: Petition 46 is DISAPPROVED. The proposed language does not specify what a fire official should be qualified in or how a determination of “qualified” is to be made. Presumably, this would require a certification program of some kind beyond the state issued certified fire safety inspector certificate issued by the Ohio Department of Public Safety. While the SFM is supportive of the idea that those who engage in plan review should be qualified fire code officials, there is no formal mechanism in place to gauge how a person would become ‘qualified.’ In addition, the petition does not contain any evidence demonstrating that current fire code officials are not qualified to undertake this task. Without a formal mechanism in place to evaluate qualifications, the determination of who is or is not qualified would be completely subjective and is not warranted. Petition ID: 47 Committee Action: Disapproved Submitter: Greg Kessinger OFC Sections: 105.7.5 Proposed Change: 105.7.5 Fire alarm and detection systems and related equipment. A Construction Permit for installation of or modification to fire alarm and detection systems and related equipment. Maintenance, including the replacement of Approved parts and equipment with those which the system manufacturer(’s) have Listed as being compatible/replacement parts, performed in accordance with the state fire code is not considered a modification and does not require a permit. Statement of Problem: Some inspectors are confusing the requirements for re-inspection of fire alarm systems after component replacement, or similar repair procedures, with the requirement to obtain a Permit for the installation or alteration of a fire alarm system. Replacing parts and equipment does not include “installation of or modification to” fire alarm systems. This should not be a situation involving the need for “interpretation”. Plans and permits should only be required when the system’s functions or operation changes from the original approved plans. In other words, if the original approved plans could be re-submitted without “substantial” change (already allowed per OFC 105.4.5), then a permit is not needed since the original plan review would still apply. This proposed change to 105.7.5 does not affect or negate the existing OFC requirements for the re-testing system functions and component operation after replacement or equipment or programming, which is explicitly detailed, in NFPA 72. The OFC/NFPA requirements for the owner’s maintaining construction documentation for “the life of the system” of repairs and maintenance is not affected. Replacement of equipment is not an “installation of or modification”, and the system isn’t changed from the previously approved plans. The existing requirements are for inspection and documentation, not a repeated Building Permit review process. Also, the required parts replacement and inspection process is not changed by applying an arbitrary percentage of parts needing replaced at any time. Therefore, if the Approved plans remain accurate, then the Permit is still valid. The proposed additional wording is in line with the Section 107.1 “Maintenance” and 104.7 “Approved materials and equipment”. Committee Reason: Petition 47 is DISAPPROVED. Replacement of system components – even with like or approved parts and equipment – can affect the functionality of the system and cannot be classified as routine ‘maintenance’ or a modification that it would categorically not require functionality testing. These important life safety systems must be tested after the replacement of component parts – even listed and

35 approved parts – to ensure their functionality and thereby ensure the lives and safety of building occupants. Any change of this provision should first be proposed and considered at the model code level. Petition ID: 48 Committee Action: Disapproved Submitter: Greg Kessinger OFC Sections: 105.3.3.1 Proposed Change: 105.3.3 Occupancy. (i) 105.3.3.1 Acceptance testing of fire protection systems. Prior to the issuance by the building official of any certificate of occupancy for any building subject to paragraph (D)(2)(a)(104.2.1) of this rule, the responsible person shall notify the fire code official to be present to witness the acceptance testing of all fire protection systems. The absence of a qualified fire code official does not prohibit the building official’s scheduled inspection or Approval. Statement of Problem: The proposed added wording is an extension of the rule concept expressed at the end of OFC 105.3.6.1. Notification of testing is required by 105.3.3, but the actual attendance of the fire official is not mandatory and other responsibilities of the fire official should not delay the owner’s progress or otherwise cause an acceptance test to be rescheduled. These test commonly include several technicians from several different companies (HVAC, Suppression, Elevator, Fire Alarm Contractor, Property Owner, Owner’s Architect, etc.) Committee Reason: Petition 48 is DISAPPROVED. As in Petition 46, the proposed language does not specify what a fire official should be qualified in or how a determination of “qualified” is to be made. Presumably, this would require a certification program of some kind beyond the state issued certified fire safety inspector certification issued by the Ohio Department of Public Safety. Of course, those who witness acceptance testing should be qualified. Beyond certification, however, making a determination of who is or is not qualified would be completely subjective and is not warranted. In addition, the above proposed language could be construed as an authorization for the building code official to act; the SFM is reluctant to place anything in the fire code describing authorities of the building code official. Nonetheless, the SFM agrees that the coordination of fire code official responsibilities and building code official responsibilities should be a top priority. Petition ID: 49 Committee Action: Disapproved Submitter: Greg Kessinger OFC Sections: 105.3.7 Proposed Change: 105.3.7 Information on the permit. The fire code official shall issue all permits required by this code on an approved form furnished for that purpose. The permit shall contain a general description of the operation or occupancy and its location and any other information regarding installations or operations regulated by this code. required by the fire code official. Issued permits shall bear the signature of the fire code official or other approved legal authorization. Statement of Problem: 105.4.1 and 105.4.2 cover the information required without adding the above contradictive wording. Committee Reason: Petition 49 is DISAPPROVED. The permit at issue in this section of the Ohio Fire Code is a permit issued by the local fire code official. To change the language as suggested would actually broaden the documentation that must be submitted and would dictate the documentation that the local fire code official must require rather than leaving that decision appropriately in the hands of the local official that is issuing the permit. In addition, the suggested language would have a presumably unintended consequence of potentially requiring more documentation than might be otherwise required by the local fire code official. (The suggested change requires submission of “any other information” regarding any operations regulated by the OFC). Because the language as proposed would make the provision overly broad and potentially burdensome (on both the FCO receiving information they may not need or want and on the responsible person submitting the information), it will not be included in the 2017 OFC. However, the language as it is currently written does give the FCO broad discretion to require any and all information necessary to fully evaluate the permit request.

36 Petition ID: 50 Committee Action: Disapproved Submitter: Greg Kessinger OFC Sections: 104.2.2.2 Proposed Change: 104.2.2.2. The required sequence of operation shall be included in the plans and documents provided for review to the local fire official so that compatibility with any required emergency response plans required by OFC Sections 401 through 409.2, can be verified. Statement of Problem: To insure compliance with “OFC 401.2 Approval. Where required by this code, fire safety plans, emergency procedures and employee training programs shall be approved by the fire code official.” Without the enacting language of 104.2.2.2, there is no way to make sure the fire alarm evacuation plans will function as described by the owner’s submitted and Approved emergency plans required by OFC 401 through 409.2. Committee Reason: Petition 50 is DISAPPROVED. The proposed language is unclear as to what sequencing is to be included in the plans and documents. Presumably (and based on the justification provided with the petition), the intent of the proposed language is to require the sequencing of the fire protection system to ensure that notifications are properly triggered during various emergency evacuation procedures. However, the engineered plans of the system, which should be included in the plan submittals, would reveal the type of system and the mechanics of how the system will operate. Furthermore, acceptance testing will demonstrate whether or not the system is working properly and providing the necessary notifications. Finally, the above language could result in fire officials inadvertently, or otherwise, delaying the construction process. The sufficiency of the emergency evacuation plans (and their approval by the FCO) required in Rule 4 of the OFC, work somewhat independently of the plan review process referenced in OFC section 104. Rule 104 plan review addresses the review of the construction features of the building and the components of the fire protection systems. While these systems have to be in place and work properly to generate the notifications that will trigger an emergency response as set forth in OFC Rule 4, the Rule 4 plan review process will come after the fact. The emergency evacuation plan review addresses the responses that building occupants will engage in once a system has triggered and a notification has sounded. For the above reasons, the proposed language will not be included in the 2017 OFC. Petition ID: 51 Committee Action: Disapproved Submitter: Greg Kessinger OFC Sections: 104.2.2.1 Proposed Change: New text: 104.2.2.1. Construction documents and plans shall be supplied to the local fire official whenever any required fire alarm system contains any of the following features or components intended to be used by the emergency responders: (a) microphones and handsets used by the fire service intended to be used to communicate to other emergency responders, including emergency voice/alarm communication systems (EVACS) and any mass notification controls and interfaces,

(b) emergency and life-safety function controls such as elevator control, door unlocking, and HVAC system controls, (c) and other provisions of NFPA 72 where specific fire-safety features and option functions are allowed by the local fire official. Statement of Problem: NFPA 72, 2010 and newer editions now include several features and functions of fire alarm and detection systems that will require the input from the emergency responders that the equipment and features are being installed for their use. True usefulness will require their input to address the location and operation variables permitted by NFPA 72 and other national standards during the design process. Committee Reason: Petition 51 is DISAPPROVED. OFC section 104.2.1 authorizes the fire code official to participate in plan review and, if the fire code official opts to do so, OFC section 104.2.1 further authorizes

37 the fire code official to receive, review, and provide input regarding the plans. The provisions of OFC section 104.2.1 were intentionally left discretionary in order to account for the resources and capabilities of each department at the local level. If plan review is of interest to a local fire department, OFC provisions already provide the local fire department the ability to participate and require the submission of plans. To change this section as proposed would only serve to create a potentially unfunded mandate on departments that do not wish to engage in this process. Petition ID: 52 Committee Action: Disapproved Submitter: Greg Kessinger OFC Sections: 105.4.1 Proposed Change: 105.4.1 Submittals. Subject to the provisions of paragraph (D)(2)(a)(104.2.1) of this rule, construction documents and supporting data shall be submitted in two or more sets with each application for a permit and in such form and detail as required by the fire code official. The construction documents shall be prepared by a registered design professional where required by the Revised Code. Statement of Problem: Justification: 105.4.1 and 105.4.2 cover the information required without adding the above contradictive wording. Such language does not allow the Code to be uniformly applied or provide consistent application of officially adopted rules to all applicants. Committee Reason: Petition 52 is DISAPPROVED. The submittal of construction documents coincides with discretionary permits that can be required by local fire code officials. Local fire code officials need the ability to not only require submission of information in a format that is useful to them, but to also require sufficient and additional information that may be warranted by a given project. To not provide the local official with discretion could unnecessarily limit the information that might be critical to document review. In addition, deleting the language at OFC section 105.4.1 could cause a conflict with language elsewhere in the OFC (see section 105.2). Petition ID: 53 Committee Action: Disapproved Submitter: Greg Kessinger OFC Sections: 105.7.1 Proposed Change: 105.7.1 Automatic fire-extinguishing systems. A construction permit for installation of or modification to an automatic fire-extinguishing system. Maintenance, including the replacement of Approved parts and equipment with those which the system manufacturer(’s) have Listed as being compatible/replacement parts, performed in accordance with the state fire code is not considered a modification and does not require a permit. Statement of Problem: Justification: Some inspectors are confusing the requirements for re-inspection of systems after component replacement, or similar repair procedures, with the requirement to obtain a Permit for the installation or alteration of a fire protection system. Replacing parts and equipment does not include “installation of or modification to” a fire protection system. This should not be a situation involving the need for “interpretation”. Plans and permits should only be required when the system’s functions or operation changes from the original approved plans. In other words, if the original approved plans could be re-submitted without “substantial” change (already allowed per OFC 105.4.5), then a permit is not needed since the original plan review would still apply. This proposed change to 105.7.1 does not affect or negate the existing OFC requirements for the re-testing system functions and component operation after replacement or equipment or programming. Replacement of equipment is not an “installation of or modification”, and the system isn’t changed from the previously approved plans. The existing requirements are for inspection and documentation, not a repeated Building Permit review process. Also, the required parts replacement and inspection process is not changed by applying an arbitrary percentage of parts needing replaced at any time. Therefore, if the

38 Approved plans remain accurate, then the Permit is still valid. The proposed additional wording is in line with the Section 107.1 “Maintenance” and 104.7 “Approved materials and equipment”. Committee Reason: Petition 53 is DISAPPROVED. Replacement of system components – even with like or approved parts and equipment – can affect the functionality of the system and cannot be classified as routine ‘maintenance’ or a modification that would categorically not require functionality testing. These important life safety systems must be tested after the replacement of component parts – even listed and approved parts – to ensure their functionality and thereby ensure the lives and safety of building occupants. Any change of this provision should first be proposed and considered at the model code level. Petition ID: 54 Committee Action: Disapproved Submitter: Greg Kessinger OFC Sections: 105.7.6 Proposed Change: 105.7.6 Fire pumps and related equipment. A construction permit for installation of or modification to fire pumps and related fuel tanks, jockey pumps, controllers, and generators. Maintenance, including the replacement of Approved parts and equipment with those which the system manufacturer(’s) have Listed as being compatible/replacement parts, performed in accordance with the state fire code is not considered a modification and does not require a permit. Statement of Problem: Justification: Some inspectors are confusing the requirements for re-inspection of systems after component replacement, or similar repair procedures, with the requirement to obtain a Permit for the installation or alteration of a fire protection system. Replacing parts and equipment does not include “installation of or modification to” a fire protection system. This should not be a situation involving the need for “interpretation” – replacing parts isn’t changing the system. Plans and permits should only be required when the system’s functions or operation changes from the original approved plans. In other words, if the original approved plans could be re-submitted without “substantial” change (already allowed per OFC 105.4.5), then a permit is not needed since the original plan review would still apply. This proposed change to 105.7.6 does not affect or negate the existing OFC requirements for the re-testing system functions and component operation after replacement or equipment or programming. Replacement of equipment is not an “installation of or modification”, and the system isn’t changed from the previously approved plans. The existing requirements are for inspection and documentation, not a repeated Building Permit review process. Also, the required parts replacement and inspection process is not changed by applying an arbitrary percentage of parts needing replaced at any time. Therefore, if the Approved plans remain accurate, then the Permit is still valid. The proposed additional wording is in line with the Section 107.1 “Maintenance” and 104.7 “Approved materials and equipment”. Committee Reason: Petition 54 is DISAPPROVED. Replacement of system components – even with like or approved parts and equipment – can affect the functionality of the system and cannot be classified as routine ‘maintenance’ or a modification that would categorically not require functionality testing. These important life safety systems must be tested after the replacement of component parts – even listed and approved parts – to ensure their functionality and thereby ensure the lives and safety of building occupants. Any change of this provision should first be proposed and considered at the model code level. Petition ID: 55 Committee Action: Approved Submitter: Southwest Ohio Fire Safety Council/POC: Jason Eckert OFC Sections: Section 510 Emergency Responder Radio Proposed Change: Section 510 Emergency Responder Radio Coverage Replace the language in the 2011 Ohio Fire Code Rule 510 (Emergency Responder Radio Coverage) with the 2015 International Fire Code Section 510 Statement of Problem: There is a specific need to address the lack of detail related to evaluating, testing and maintaining these critical systems. The proposed international model language seeks to do just that.

39 Committee Reason: Petition 55 is APPROVED. The petition proposes the inclusion of language that is contained in the 2015 IFC and will be included in the 2017 Ohio Fire Code in accordance with the adoption and incorporation of the 2015 IFC as set forth in Petition 1. This also includes Ohio-ized language that has been consistently added to the OFC to delete the retroactive application of construction provisions and to apply new construction requirements for existing buildings only (with few exceptions) when – in the opinion of the fire code official – a distinct hazard exists. The inclusion of this Ohio-ized scoping language has been a longstanding Ohio practice and – in keeping with the Ohio Building Code – has consistently been included in the OFC to limit later enacted construction standards on buildings while still permitting the application of all provisions of the OFC to be applied when necessary to achieve safety. Petition ID: 56 Committee Action: Approved in Part and Disapproved in Part Submitter: Southwest Ohio Fire Safety Council/POC: Jason Eckert OFC Sections: Section 46 (Entirely) Proposed Change: Ohio Administrative Code 1301:7-7-46 - Construction Requirements for Existing Buildings The entire section removed and replaced with the entirety of: 2015 International Fire Code Chapter 11 - Construction Requirements for Existing Buildings Clarification: Replace the language in the 2011 Ohio Fire Code Rule 46 (Construction Requirements for Existing Buildings) with the 2015 International Fire Code Chapter 11 (as written, in its entirety with any necessary legal amendments for the State of Ohio). Statement of Problem: While the language is short, the key note on this proposal is to confirm that no ambiguous “Ohio” language will be added without formal commentary or explanation to justify a need. Committee Reason: Petition 56 is APPROVED IN PART AND DISAPPROVED IN PART. To the extent the petition proposes adoption of 2017 IFC Chapter 11 – Construction Requirements for Existing Buildings (2011 OFC Chapter 46) - the petition is APPROVED and will be included in the 2017 Ohio Fire Code at Chapter 11 to the extent and in accordance with the adoption and incorporation of the 2015 IFC as set forth in Petition 1. [Please note: prior Chapter 11 provisions - Aviation Facilities - will be relocated to 2017 OFC Chapter 20] To the extent the Petition requests the language of 2015 IFC Chapter 11 to be adopted “as written” and without previously included Ohio-ization, the Petition will be DISAPPROVED. As with prior versions of the IFC, the 2015 IFC language as written makes the Construction Requirements for Existing Buildings retroactive. Ohio-ized language has been consistently added to this rule to delete the retroactive application of these provisions and to apply the construction requirements for existing buildings only (with few exceptions) when – in the opinion of the fire code official – a distinct hazard exists. The inclusion of this language has been a longstanding Ohio practice and – in keeping with the Ohio Building Code – has consistently been included in the OFC to limit later enacted construction standards on buildings while still permitting the application of all provisions of the rule to be applied when necessary to achieve safety. Petition ID: 57 Committee Action: Approved in Part and Disapproved in Part Submitter: Southwest Ohio Fire Safety Council/POC: Jason Eckert OFC Sections: Rule 46 (Entirely) Proposed Change: Ohio Administrative Code 1301:7-7-46 - Construction Requirements for Existing Buildings The entire section removed and replaced based on the following: Replace the language in the 2011 Ohio Fire Code Rule 46 (Construction Requirements for Existing Buildings) with the 2015 International Fire Code Chapter 11. Should there be any added Ohio language regarding non- applicability for buildings that do not constitute a “distinct hazard” to life or property, the State Fire Marshal’s Office shall provide a definition to the phrase “distinct hazard”. Statement of Problem: This petition seeks the same result as the other Rule 46 petition from SWOFSC however, it goes a step further to spell out the requirement for Ohio to clarify and define any additional terminology added to the international language. The lack of definition or commentary leaves the door open to confusion and conflict. Please provide clarity on any language above and beyond the international language.

40 Committee Reason: Petition 57 is APPROVED IN PART AND DISAPPROVED IN PART. To the extent the petition proposes adoption of 2017 IFC Chapter 11 – Construction Requirements for Existing Buildings (2011 OFC Chapter 46) - the petition is APPROVED and will be included in the 2017 Ohio Fire Code at Chapter 11 to the extent and in accordance with the adoption and incorporation of the 2015 IFC as set forth in Petition 1. [Please note: prior Chapter 11 provisions - Aviation Facilities - will be relocated to 2017 OFC Chapter 20]. To the extent the Petition requests the inclusion of a definition of the term “distinct hazard,” the petition is DISAPPROVED. First, the Petition does not suggest specific language to define the term “distinct hazard.” Second, the standard itself is derived from court rulings addressing constitutional law doctrines regulating the retroactive application of laws and has been intentionally designed by the courts to provide flexibility to fire code officials. This flexibility is necessary in application of the term and any further definition of the phrase should be provided by the judiciary. Petition ID: 58 Committee Action: Disapproved Submitter: Southwest Ohio Fire Safety Council/POC: Jason Eckert OFC Sections: Section 903.2.3 Group E. Proposed Change: Section 903.2.3 Group E. Replace the existing language in the 2011 Ohio Fire Code Rule 903.2.3 (Group E) with the 2015 International Fire Code Section 903.2.3. [The language as proposed would read: 903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows: (i) Throughout all Group E fire areas greater than 20,000 12,000 feet (1858 m2) in area.] Statement of Problem: This language is proposed on the merit that Ohio has specifically modified the previous cycles of the Ohio Fire Code when using the base International Fire Code in order to increase the allowable square footage by 8,000 square feet. The International community felt it necessary to set the requirement threshold at 12,000 square rather than the 2011 Ohio amendments of 20,000 square feet. This increase combined with new challenges related to school lock-down procedures creates an environment of potential disaster that is unnecessary. The group proposes that the SFM WG accept the 2015 IFC language from 903.2.3 as written without increases. Committee Reason: Petition 58 is DISAPPROVED. The size of the fire area was amended from 12,000 feet to 20,000 feet in the OFC to correspond with requirements contained in the OBC. Amending the language in the OFC without a like change in the OBC would immediately create a different standard between the two codes. Therefore, a modification of the fire area size should first be proposed to the OBBS as a request for a change to the OBC. Petition ID: 59 Committee Action: Disapproved Submitter: Southwest Ohio Fire Safety Council/POC: Jason Eckert OFC Sections: Section 308.1.4 Open-flame cooking devices Proposed Change: Section 308.1.4 Open-flame cooking devices Remove the Ohio language from the 2011 Ohio Fire Code Rule 308.1.4 (Open-flame cooking devices) and replace all of the current Rule 308.1.4 with the 2015 International Fire Code Section 308.1.4 (Open-flame cooking devices) (as written, with no exceptions other than already offered in the 2015 International Fire Code). Statement of Problem: The objective here is simple; reduce confusion and come in line with international model codes. Committee Reason: Petition 59 is DISAPPROVED. The Ohio-ized language, which the Petition effectively seeks to eliminate, permits the use of charcoal burners and natural gas fired open flame cooking devices and/or appliances on combustible balconies or within 10 feet of combustible construction when approved by the fire code official and under specified conditions. This language was specifically considered and added in the 2007 OFC through an open petition process. Since that time, the SFM has looked at available data and can detect no appreciable increase in fires, injuries, or deaths attributable to open flame cooking

41 devices on combustible balconies or within 10 feet of combustible construction. Furthermore, the ability to utilize specified equipment is subject to the approval of the fire code official and the fire code official can prevent usage where the use would be dangerous. The SFM will continue to evaluate this condition and is interested in any information and/or data Petitioner can provide on this matter. Petition ID: 60 Committee Action: Approved Submitter: Southwest Ohio Fire Safety Council/POC: Jason Eckert OFC Sections: N/A Proposed Change: Adopt the entirety of 2015 International Fire Code Section 5307 Carbon Dioxide (CO2) Systems used in beverage dispensing applications) (as written, in its entirety with any necessary legal amendments for the State of Ohio. Statement of Problem: Fire Officials are beginning to address and identify a trend of deficiencies related injuries, fatalities and fire service close calls as it relates to CO2 beverage dispensing systems, their tanks, piping manifolds, venting and fill methods. Specially related to this trend is the need for the application of the 2015 International Fire Code language in section 5307 as well as the referenced NFPA 55-2013 in Chapter 80. This is a clear threat to our communities and there is a clear resolution and practical response to the matter, we are behind the trend and need to act in this cycle to catch up. Committee Reason: Petition 60 is APPROVED. The petition proposes the inclusion of language that is contained in the 2015 IFC and will be included in the 2017 Ohio Fire Code in accordance with the adoption and incorporation of the 2015 IFC as set forth in Petition 1. Petition ID: 61 Committee Action: Approved Submitter: SFM OFC Sections: 402.1; 402.2; 404.3.2 Proposed Change: To amend various sections of Rule 4 as follows: 402.1 Definitions. The following words and terms shall, for the purposes of this rule and as used elsewhere in this code, have the meanings shown herein. “Emergency evacuation drill.” An exercise performed to train staff and occupants and to evaluate their efficiency and effectiveness in carrying out emergency evacuation procedures. Emergency evacuation drills include, but are not limited to, fire drills, and drills or rapid dismissals as referenced in section 3737.73 of the Revised Code. “Lockdown.” An emergency situation, in other than a Group I-3 occupancy, requiring that the occupants be sheltered and secured in place within a building when normal evacuation would put occupants at risk. 402.1 Terms used for this rule. The following word takes on the exclusive meaning as used in this rule pursuant to section 3781.104 of the Revised Code. “Smoke detector.” A readily removable device, sensitive to either visible or invisible particles of combustion or both, which automatically detects any fire condition and broadcasts locally a signal or alarm. 404.3.2 404.2.2 Fire safety plans. Fire safety plans shall include the following: {Please note: the following language incorporates 2015 IFC changes that will be included in the OFC pursuant to the approval of Petition 1} (i) The procedure for reporting a fire or other emergency. (ii) The life safety strategy including the following:

42 (a) Procedures for notifying occupants, including areas with a private mode alarm system. (b) Procedures for occupants under a defend-in-place response, including the type, location, and operating instructions of temporary door locking devices, if any. However, this paragraph shall not be construed to give the fire code official authority to approve or prohibit the use of any temporary door locking device approved and used in conformance with rules developed by the Ohio Board of Building Standards. (c) Procedures for evacuating occupants, including occupants who need evacuation assistance. (iii) Site plans indicating the following: (a) The occupancy assembly point. (b) The locations of fire hydrants. (c) The normal routes of fire department vehicle access. (iv) Floor plans identifying the locations of the following: (a) Exits. (b) Primary evacuation routes. (c) Secondary evacuation routes. (d) Accessible egress routes. (i) Areas of refuge. (ii) Exterior areas for assisted rescue. (e) Refuge areas associated with smoke barriers and horizontal exits (f) Manual fire alarm boxes. (g) Portable fire extinguishers. (h) Occupant-use hose stations. (i) Fire alarm annunciators and controls. (v) A list of major fire hazards associated with the normal use and occupancy of the premises, including maintenance and housekeeping procedures. (vi) Identification and assignment of personnel responsible for maintenance of systems and equipment installed to prevent or control fires. (vii) Identification and assignment of personnel responsible for maintenance, housekeeping and controlling fuel hazard sources. Section 405 Emergency evacuation drills 405.1 General. Emergency evacuation drills complying with the provisions of this paragraph shall be conducted at least annually in the occupancies listed in paragraph (D)(2)(404.2) of this rule or when required by the fire code official. Drills shall be designed in cooperation with the local authorities. (a) 405.1.1 A principal or person in charge of a public or private school or educational institution having an average daily attendance of twenty or more pupils, shall instruct and train such children by means of drills or rapid dismissals at least nine times during the school year at the times and frequency prescribed in this rule, so that such children in a sudden emergency may leave the building in the shortest possible time without

43 confusion in compliance with section 3737.73 of the Revised Code and this rule. A person in charge of any children's home or orphanage housing twenty or more minor persons shall instruct and train such children by means of drills or rapid dismissals at least once each month while the home is in operation. (a) 405.1.1 Schools and children’s homes. A principal or person in charge of a public or private school or educational institution having an average daily attendance of twenty or more pupils or a person in charge of any children’s home or orphanage housing twenty or more minor persons shall instruct and train such children by means of drills or rapid dismissals so that such children in a sudden emergency may leave the building in the shortest possible time without confusion. Such drills or rapid dismissals shall be conducted in accordance with the following: (1) All drills or rapid dismissals shall be conducted at the times and frequencies prescribed in this rule. (2) The principal or person in charge of a public or private school or educational institution having an average daily attendance of twenty or more pupils shall conduct not less than one drill or rapid dismissal during each month of the school year as required by and in accordance with section 3737.73(E) of the Revised Code. (3) The principal or person in charge of a school or educational institution that has smoke detectors or a sprinkler system in all classroom buildings of the school or educational institution shall conduct a drill or rapid dismissal not less than six times during the school year. (4) The principal or person in charge of a school or educational institution that does not have smoke detectors or a sprinkler system in all classroom buildings of the school or educational institution shall conduct a drill or rapid dismissal not less than nine times during the school year. (5) The principal or person in charge of a children’s home or orphanage shall conduct drills or rapid dismissals at least once each month while the home is in operation as required by and in accordance with section 3737.73(A) of the Revised Code. A drill or rapid dismissal conducted pursuant to this paragraph shall not be conducted in such a manner that the evacuation of students is in conjunction with the dismissal of students for the day. In conjunction with the drills or rapid dismissals required in this paragraph, a principal or person in charge of a public or private primary or secondary school or educational institution shall instruct pupils in safety precautions to be taken in case of a tornado alert or warning and shall designate an appropriate location or locations to be used to shelter pupils in case of a tornado, tornado alert, or warning in accordance with paragraph (D)(8)(408) of this rule. (i) 405.1.1.1 Records. While school is in operation, the person responsible for conducting fire drills pursuant to section 3737.73 of the Revised Code shall file a copy of the fire drill records containing the information required under paragraph (E)(5)(405.5) of this rule and other information required by the state fire marshal for inspection verification with the state fire marshal. When

44 required by the fire code official, such fire drill records shall also be submitted to the firefighting agency having jurisdiction that conducts inspections of the subject facility. Such fire drill records shall be submitted at the middle point and again at the end of the school year. The “school year” includes any time during which the average daily attendance comprises twenty or more pupils. (ii) 405.1.1.2 Intent to conduct inspections. All duly constituted fire departments of a political subdivision of this state that conduct inspections of schools, educational institutions or children’s homes subject to section 3737.73 of the Revised Code shall annually file a written notice with the state fire marshal of the department’s intent to conduct such inspections. Such written notice shall identify each school, educational institution or children’s home specifically by name and address. (ii) 405.1.1.2 Intent to conduct inspections of emergency evacuation drill records. Pursuant to section 3737.73(C) of the Revised Code, any duly constituted fire department of a political subdivision of this state may become the designee of the state fire marshal for the purposes of annually conducting inspections of schools, educational institutions, children’s home, or orphanage to determine compliance with this paragraph and sections 3737.73(A), (B), (E), or (F) of the Revised Code. To become the state fire marshal’s designee, the fire department shall file a written notice with the state fire marshal of the department’s intent to conduct inspections of schools, educational institutions, children’s homes or orphanages. Such written notice shall identify each school, educational institution or children’s home that the fire department intends to inspect specifically by name and address. Notice shall be submitted to the state fire marshal on or before the first day of August of each calendar year. Any fire department that files a written notice with the state fire marshal of its intent to conduct inspections and becomes the state fire marshal’s designee shall remain the state fire marshal’s designee and shall conduct inspections for the purposes of determining compliance with this paragraph and with section 3737.73 of the Revised Code until such time as the department notifies the state fire marshal that it will no longer conduct such inspections. Such notice shall be in writing and shall identify each school educational institution, children’s home, or orphanage specifically by name and address and shall clearly state that the department will no longer inspect. The notice shall be submitted to the state fire marshal at least 30 days prior to the time that the department discontinues its inspection program. Nothing in this paragraph shall be construed to limit a fire code official’s authority to conduct an inspection of a school for the purposes of determining compliance with this code. 405.1.1.2.1 Inspections. After filing a notice in accordance with paragraph (E)(1)(a)(ii)(405.1.1.2) of this rule, a fire department shall thereafter conduct inspections in accordance with the following:

45 (a) School or educational institution. The fire department shall annually inspect a school or educational institution for the purpose of determine whether or not the principal or person in charge of the school or educational institution has, in accordance with paragraph (E)(1)(a)(405.1.1) of this rule and section 3737.73 of the Revised Code, conducted drills or rapid dismissals, has instructed pupils in safety precautions to be taken in case of a tornado alert or warning, and has designated an appropriate location to be used to shelter pupils in case of a tornado, tornado alert, or warning. (b) Children’s home or orphanage. The fire department shall annually inspect a children’s home or orphanage for the purpose of determining whether or not the principal or person in charge of the children’s home or orphanage has conducted drills or rapid dismissals in accordance with paragraph (E)(1)(a)(405.1.1) of this rule and section 3737.73 of the Revised Code. Upon inspection and a determination that the school, educational institution, children’s home, or orphanage has not complied with the provisions of this paragraph or the provision of section 3737.73 of the Revised Code, the state fire marshal’s designee shall issue a written warning to the principal or person in charge of the school, educational institution or children’s home. The warning shall indicate the specific violation and the date by which the violation shall be corrected. (iii) 405.1.1.3 Jurisdiction. For the purpose of this paragraph, the fire agency having jurisdiction shall be the state fire marshal or any such duly constituted fire department of a political subdivision having filed the written notice of intent to conduct inspections in accordance with this paragraph. 405.2 Frequency. Required emergency evacuation drills shall be held at the intervals specified in Table 405.2 of this rule or more frequently where necessary to familiarize all occupants with the drill procedure.

Table 405.2 Fire and evacuation drill frequency and participation

Group or occupancy Frequency Participation

Group A Quarterly Employees

Group Bc Annually Employees

Group E Monthlya All occupants

Group F Annually Employees

Group I Quarterly on each shift Employeesb

46 Group R-1 Quarterly on each shift Employees

Group R-2d Four annually All occupants

Group R-4 Quarterly on each shift Employeesb

High-rise buildings Annually Employees

a. The frequency shall be allowed to be modified in accordance with paragraph (H)(3)(b)(408.3.2) of this rule. b. Fire and evacuation drills in residential care assisted living facilities shall include complete evacuation of the premises in accordance with paragraph (H)(10)(e)(408.10.5) of this rule. Where occupants receive habilitation or rehabilitation training, fire prevention and fire safety practices shall be included as part of the training program. c. Group B buildings having an occupant load of 500 or more persons or more than 100 persons above or below the lowest level of exit discharge. d. Applicable to Group R-2 college and university buildings in accordance with paragraph (H)(3)(408.3) of this rule Statement of Problem: Amendment to various OFC provisions are needed to update the OFC regarding emergency evacuation drills including the definitions of “emergency evacuation drill” and “smoke alarm;” to require that any temporary door locking device in use be identified on the fire safety plan; to coordinate with recent changes to required number of evacuation drills (drills or rapid dismissals) per OFC 3737.73; and to update language regarding the inspection of schools for the purpose of verifying drills report records and the responsibilities of local jurisdictions regarding the same. Committee Reason: Petition 61 is APPROVED. The proposed language is necessary to update the OFC to incorporate recent changes to the R.C. regarding emergency drills conducted in E occupancies. The proposed language also updates definitions and school safety plan requirements regarding the same, again, to conform to and clarify recent legislative changes in the R.C. [Editorial Note: The 2015 IFC has moved all definitions that were previously located at the beginning of specific rules and has added them to the definitions in Rule 2. This change will be incorporated in the 2017 OFC in accordance with the adoption and incorporation of the 2015 IFC as set forth in Petition 1. Therefore, the proposed definition of “Emergency evacuation drills” will be located in Rule 2 in the 2017 OFC.] Petition ID: 62 Committee Action: Approved Submitter: Southwest Ohio Fire Safety Council/POC: Jason Eckert OFC Sections: N/A Proposed Change: Solar Photovoltaic Power Systems (2015 IFC Section 605.11) Add the 2015 International Fire Code Section 605.11 to the existing Rule 6 (as written with no exceptions and conforming to Ohio law). Statement of Problem: This petition seeks to use existing international model language. There have been many studies, evaluations and years of research on this topic. There is a specific need. This is an issue we are behind on and need to catch up in the interest of safety for our first responders and communities. Committee Reason: Petition 62 is APPROVED. The petition proposes the inclusion of language that is contained in the 2015 IFC and will be included in the 2017 Ohio Fire Code in accordance with the adoption and incorporation of the 2015 IFC as set forth in Petition 1. Petition ID: 63 Committee Action: Disapproved Submitter: Southwest Ohio Fire Safety Council/POC: Jason Eckert OFC Sections: Referenced Standards Proposed Change: Maintenance and Use of Commercial Hood (NFPA 96) Add NFPA 96 – 2014 edition to the Referenced Standards.

47 Statement of Problem: NFPA 96 – 2014 provides the ability to not only enforce more specific details of the technical aspects of commercial kitchen safety but also, and sometimes equally as important, the ability to evaluate, calculate and determine the need for the level of protection. There is an apparent trend in assigning grease-laden vapor status to all kitchen equipment when it is unknown how the equipment will react to certain variables. As an example of the applicability of the NFPA 96 document, it can assist in better determining the classification of the appliance when applied to the document and manufacturer design specification. Overall, NFPA 96 is a multifaceted document that not only assists the inspector in enforcement but also, when necessary, lack of enforcement and better education. Committee Reason: Petition 63 is DISAPPROVED. The Petition does not propose the adoption of NFPA 96 in connection with a specific code requirement and therefore does not ask to have NFPA 96 incorporated into the OFC for the purpose of being the standard for any specific reason. There is no justification for the adoption of or reference to the standard without provision within the text of the OFC which would impose NFPA 96 for a specific purpose. In addition, 2014 NFPA 96 is not a Referenced Standard in the 2015 IFC. If it is Petitioner’s intention to have the standard specifically adopted as the standard for a specific code requirement, the issue should first be addressed at the national level. Notwithstanding the above, however, NFPA 96 – Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations – is still applicable in certain circumstances, even without specifically being referenced in the OFC Referenced Standards. OFC § 609.1 requires that commercial kitchen exhaust hoods comply with the Ohio Mechanical Code (OMC). The OMC does reference 2014 NFPA 96. Therefore, to the extent the OMC sends the reader to 2014 NFPA 96, 2014 NFPA 96 would be the applicable standard. It would not be necessary to separately reference NFPA 96 in the OFC Referenced Standards located in Rule 47. Therefore, based on the above, the OFC Referenced Standards will not be updated to specifically include 2014 NFPA 96. However, 2014 NFPA 96 may apply in specific circumstances where an applicable referenced standard mandates compliance with it. [Editorial note: 2011 OFC Chapter 47 Referenced standards will be relocated to Chapter 80.] Petition ID: 64 Committee Action: Disapproved Submitter: OFOA OFC Sections: New Chapter or 1301:7-7-24 Other OFC Sections: Cross Reference OAC 3717 Proposed Change: (A) Section General (1) Scope. Mobile Food Service Operation as defined by OAC 3717-1-01(B) (71) and Mobile Retail Food Establishment as defined by OAC 3717-1-01(B) (72) shall comply with this rule, other applicable requirements of this code. (2) Permit required. Permits shall be required as set forth in rule 1301:7-7-01 of the Administrative Code.

(B) Section Definitions (1) "Approved" means acceptable to the appropriate regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health. (2) "Approved source" means a food is from: (a) A processor that is inspected by a federal food safety regulatory agency or equivalent, the Ohio department of agriculture under Chapter 3715., 911., 913., 915., 917., 918. whether mandatory or voluntary, or 925. of the Revised Code, or other recognized food regulatory agency of another state responsible for food safety; or (b) A cottage food production operation as defined in division (A) of section 3715.01 of the Revised Code, or an exempt processor of maple syrup, honey, or sorghum as specified in division (A) of section 3715.021 of the Revised Code; and that is in compliance with the provisions of Chapter 3715. of the Revised Code and any applicable rules adopted thereunder; or (c) A food service operation or retail food establishment as defined and licensed in accordance with Chapter 3717. of the Revised Code provided the processing is not subject to regulation as stated in paragraphs (B)(4)(a) and (B)(4)(b) of this rule.

48 (4) "Mobile food service operation" means a food service operation that is operated from a movable vehicle, portable structure, or watercraft and that routinely changes location, except that if the operation remains at any one location for more than forty consecutive days, the operation is no longer a mobile food service operation. "Mobile food service operation" includes a food service operation that does not remain at any one location for more than forty consecutive days and serves, in a manner consistent with division (F) of section 3717.01 of the Revised Code. - Reference OAC 3717-1-01(B) (71) (5) "Mobile retail food establishment" means a retail food establishment that is operated from a movable vehicle or other portable structure, and that routinely changes location, except that if the establishment operates from any one location for more than forty consecutive days, the establishment is no longer a mobile retail food establishment. - Reference OAC 3717-1-01(B) (72) (6) "Premises" means: reference OAC 3717-1-01(B) (87) a & b (a) The physical facility, its contents, and the contiguous land or property under the control of the license holder; or (b) The physical facility, its contents, and the land or property not described under paragraph (B)(87)(a) of this rule if its facilities and contents are under the control of the license holder and may impact food service operation or retail food establishment personnel, facilities, or operations, and a food service operation or retail food establishment is only one component of a larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison. (7) "Retail food establishment" means a premises or part of a premises where food is stored, processed, prepared, manufactured, or otherwise held or handled for retail sale. Except when expressly provided otherwise, retail food establishment includes a mobile retail food establishment, seasonal retail food establishment and temporary retail food establishment. It does not include those operations exempted in section 3717.22 of the Revised Code. Reference OAC 3717-01-1(B) (100) As used in this definition: (a) "Retail" means the sale of food to a person who is the ultimate consumer of the food. (b) "Prepared" means any action that affects a food, including receiving and maintaining it at the temperature at which it was received.

(C) Section General Requirements (Reference OAC 3717-1-02.4)

1. Not limited to for governmental entities; Add fire department, building department, zoning department, police department (Permits as defined by local jurisdiction, Inspection fees as defined by the OFC) – Reference OAC 3717-1-02 (a), (b), (c) 2. Insurance requirements. Proof that general liability insurance or indemnity bond issued by a company licensed to provide such coverage in the state of Ohio, for an amount no less than one million dollars or as otherwise required in a higher amount by the authority having jurisdiction, is in force for the applicant and includes acts of all employees.

(3) Signage. NO SMOKING required inside and outside the retail food establishment – signage must be minimum letter stroke 2.5” (length) by 1” (height) - signs shall be white with red lettering. (4) Any mobile food service operation utilizing pressurized combustible fuel shall have signage on both sides of the vehicle indicating fuel type present. (A) Signage shall be weather resistant and permanently mounted, indicating fuel type/types present, “DANGER”, “NO SMOKING”, “NO OPEN FLAME”. (B) Signs shall be clearly visible and of contrasting colors and shall be readable from a minimum of a 25’ distance. (5) A leak test shall be conducted daily for all mobile food service operations using pressurized combustible fuels. (6) All mobile food service operations shall be inspected and approved by the AHJ (7) All mobile food service operations shall have a current approved health department inspection. (8) Operating and or hot cooking equipment shall be attended at all times. (9) All mobile food service operations shall have lockout lids for cooking equipment. (10) All required ventilation openings shall be open during cooking operations.

49 (11) The cooking hood/ventilation system shall be free from grease. (12) All mobile food service vehicles shall parked at least 20 feet from buildings, other vehicles, or combustibles. (13) All mobile food service operations shall ensure they do not block fire hydrants, fire lanes, fire department connections, exits and or path of egress. (14) All ashes, cinders, and other fire debris removed at the end of the day shall be stored in a proper container away from the vehicle, buildings and combustible. (15) All Mobile food service operations shall be inspected annually and maybe inspected at any location and or event as deemed by the AHJ. (16) Working containers used for poisonous or toxic materials such as cleaners and sanitizers taken from bulk supplies shall be clearly and individually identified with the common name of the material. (17) Covers required for any open deep frying units. Covers must be able to be secured when equipment is mobile. (18) All operators must complete the Mobile Vendor Safety Checklist before any and all operations on a daily basis and after each time the operation changes location. The completed checklist shall be made immediately available to AHJ on request. Ref. Attached Mobile Vendor Safety Checklist

(D) Section Training Requirements

1. All employees shall be trained in proper use of cooking equipment. 2. All employees shall be trained in how to shut-off fuel sources (e.g. propane, generators). 3. All employees shall be trained in how to notify the local fire department in an emergency. 4. All employees shall be trained in proper storage, handling and fueling procedures. 5. All employees shall be trained how to perform a leak test. 6. All employees shall be trained in the proper use of portable fire extinguishers and hood suppression system.

(E) Section Equipment and Appliances

1. Cleaning. Hoods, grease-removal devices, fans, ducts and other appurtenances shall be cleaned at intervals as required by paragraphs (I)(3)(c)(i)(609.3.3.1) to (I)(3)(c)(iii)(609.3.3.3) of this rule and OAC 3717-01-04. 2. Ventilation hood systems - filters. Filters or other grease extracting equipment shall be designed to be readily removable for cleaning and replacement if not designed to be cleaned in place. Reference OAC 3717-01-04.1(j) vent hood systems- filters

(3) Hood Systems Drip Prevention. Exhaust ventilation hood systems in food preparation and warewashing areas including components such as hoods, fans, guards, and ducting shall be designed to prevent grease or condensation from draining or dripping onto food, equipment, utensils, linens, single-service articles, and single-use articles. Reference OAC 3717-01-04.1 (n) hood systems drip prevention (4) Food equipment - certification & classification. Ref. OAC 3717-01-04.1 (kk) classification & certification 1&2 (a) Except as provided in paragraph (KK)(2) of this rule, food equipment that is acceptable for use in a food service operation or retail food establishment shall be approved by a recognized food equipment testing agency. (B) The Ohio department of agriculture, the Ohio department of health, or the licensor may approve the use of food equipment, other than vending machines , bulk water machines, and equipment that displays time/temperature controlled for safety food in a micro market, that have not been approved by a recognized testing agency if the equipment demonstrates compliance with this chapter. (5) Ventilation hood systems - adequacy. Ventilation hood systems and devices shall be sufficient in number and capacity to prevent grease or condensation from collecting on walls and ceilings. Ref. OAC 3717-1-04.2 (6) Fixed equipment installation - spacing or sealing. (Ref. OAC 3717-1-04.3 (B) 1) (A) Equipment that is fixed because it is not easily movable shall be installed so that it is: (B) Spaced to allow access for cleaning along the sides, behind, and above the equipment; (C) Spaced from adjoining equipment, walls, and ceilings a distance of not more than one thirty-second inch or one millimeter; or (D) Sealed to adjoining equipment or walls, if the equipment is exposed to spillage or seepage.

50 (7) Repairing and Cleaning. The physical facilities shall be maintained in good repair. Ref. OAC 3717-01-06.4 (D) and (A) (A) The physical facilities shall be cleaned as often as necessary to keep them clean. (B) Cleaning shall be done during periods when the least amount of food is exposed such as after closing. This requirement does not apply to cleaning that is necessary due to a spill or other accident. (C) Cleaning ventilation systems, nuisance and discharge prohibition. (1) Intake and exhaust air ducts shall be cleaned and filters changed so they are not a source of contamination by dust, dirt, and other materials. (2) If vented to the outside, ventilation systems may not create a public health hazard or nuisance or unlawful discharge.

(F) Section Poisonous or toxic materials: labeling and identification. Ref. OAC 3717.1.07 (A) Original containers: identifying information. Containers of poisonous or toxic materials and personal care items shall bear a legible manufacturer's label. (B) Working containers - common name. Working containers used for poisonous or toxic materials such as cleaners and sanitizers taken from bulk supplies shall be clearly and individually identified with the common name of the material. (A) Storage: separation. Poisonous or toxic materials shall be stored so they can not contaminate food, equipment, utensils, linens, single- service articles, and single-use articles by: (1) Separating the poisonous or toxic materials by spacing or partitioning; and (2) Locating the poisonous or toxic materials in an area that is not above food, equipment, utensils, linens, single- service articles, or single-use articles. This paragraph does not apply to equipment and utensil cleaners and sanitizers that are stored in warewashing areas for availability and convenience if the materials are stored to prevent contamination of food, equipment, utensils, linens, single-service articles, and single-use articles. (B) Restriction. Only those poisonous or toxic materials that are required for the operation and maintenance of a food service operation or retail food establishment, such as for the cleaning and sanitizing of equipment and utensils and the control of insects and rodents, shall be allowed in a food service operation or retail food establishment. This paragraph does not apply to packaged poisonous or toxic materials that are for retail sale. (C) Conditions of use. Poisonous or toxic materials shall be: (1) Used according to: (a) Law and this chapter; (b) Manufacturer's use directions included in labeling, and, for a pesticide, manufacturer's label instructions that state that use is allowed in a food service operation, retail food establishment, or food handling or processing areas; (c) The conditions of licensing, if licensing is required, for use of the pest control materials; and (d) Additional conditions that may be established by the regulatory authority; and (2) Applied so that: (a) A hazard to employees or other persons is not constituted; and (b) Contamination including toxic residues due to drip, drain, fog, splash or spray on food, equipment, utensils, linens, single-service articles, and single-use articles is prevented, and for a restricted-use pesticide, this is achieved by: (i) Removing the items; (ii) Covering the items with impermeable covers ; or (iii) Taking other appropriate preventive actions ; and (iv) Cleaning and sanitizing equipment and utensils after the application.

(G) Section Fire Protection Systems (1) General. Commercial kitchen exhaust hoods shall comply with the requirements of the mechanical code as listed in rule 1301:7-7-47 of the Administrative Code. (2) Where required. A Type I hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors.

51 (A) Hood suppression system shall be installed, inspected and approved by a licensed and bonded fire protection company. (3) Operations and maintenance. Commercial cooking systems shall be operated and maintained in accordance with paragraphs (I)(3)(a)(609.3.1) to (I)(3)(d)(609.3.4) of this rule. (4) Ventilation system. The ventilation system in connection with hoods shall be operated at the required rate of air movement, and classified grease filters shall be in place when equipment under a kitchen grease hood is used. (5) Grease extractors. Where grease extractors are installed, they shall be operated when the commercial-type cooking equipment is used. (6) Cleaning. Hoods, grease-removal devices, fans, ducts and other appurtenances shall be cleaned at intervals as required by paragraphs (I)(3)(c)(i)(609.3.3.1) to (I)(3)(c)(iii)(609.3.3.3) of this rule. (7) Inspection. Hoods, grease-removal devices, fans, ducts, and other appurtenances shall be inspected at intervals specified in Table 609.3.3.1 of this rule or as approved by the fire code official. Inspections shall be completed by qualified individuals. Table 609.3.3.1 Commercial cooking system inspection frequency Type of cooking operations Frequency of inspection High-volume cooking operations such as 24-hour cooking, charbroiling or wok cooking 3 months Low-volume cooking operations such as places of religious worship, seasonal businesses and senior centers 12 months Cooking operations utilizing solid-fuel burning cooking appliances 1 month All other cooking operations 6 months (8) Grease accumulation. If during the inspection it is found that hoods, grease-removal devices, fans, ducts or other appurtenances have an accumulation of grease, such components shall be cleaned. (9) Records. Records for inspections shall state the individual and company performing the inspection, a description of the inspection and when the inspection took place. Records for cleanings shall state the individual and company performing the cleaning and when the cleaning took place. Such records shall be completed after each inspection or cleaning, maintained on the premises for a minimum of three years and be copied to the fire code official upon request. (10) Extinguishing system service. Automatic fire-extinguishing systems protecting commercial cooking systems shall be serviced as required in paragraph (D)(11)(f)(904.11.6) of rule 1301:7-7-09 of the Administrative Code. (11) Commercial cooking systems. The automatic fire-extinguishing system for commercial cooking systems shall be of a type recognized for protection of commercial cooking equipment and exhaust systems of the type and arrangement protected. Preengineered automatic dry- and wet-chemical extinguishing systems shall be tested in accordance with UL 300 as listed in rule 1301:7-7-47 of the Administrative Codeand listed and labeled for the intended application. Other types of automatic fire-extinguishing systems shall be listed and labeled for specific use as protection for commercial cooking operations. The system shall be installed in accordance with this code, its listing and the manufacturer's installation instructions. Automatic fire-extinguishing systems of the following types shall be installed in accordance with the referenced standard indicated, as follows: 1. Carbon dioxide extinguishing systems, NFPA 12 as listed in rule 1301:7-7-47 of the Administrative Code. 2. Automatic sprinkler systems, NFPA 13 as listed in rule 1301:7-7-47 of the Administrative Code. 3. Foam-water sprinkler system or foam-water spray systems, NFPA 16 as listed in rule 1301:7-7-47 of the Administrative Code. 4. Dry-chemical extinguishing systems, NFPA 17 as listed in rule 1301:7-7-47 of the Administrative Code. 5. Wet-chemical extinguishing systems, NFPA 17A as listed in rule 1301:7-7-47 of the Administrative Code. Exception: Factory-built commercial cooking recirculating systems that are tested in accordance with UL 710B as listed in rule 1301:7-7-47 of the Administrative Codeand listed, labeled and installed in accordance with section 304.1 of the mechanical code as listed in rule 1301:7-7-47 of the Administrative Code. (12) Manual system operation. A manual actuation device shall be located at the point of egress as far from the hazard as possible. The manual actuation device shall be installed not more than 48 inches (1200 mm) nor less than 42 inches (1067 mm) above the floor and shall clearly identify the hazard protected. The manual actuation shall require a maximum force of 40 pounds (178 N) and a maximum movement of 14 inches (356 mm) to actuate the fire suppression system. (13) Portable fire extinguishers for commercial cooking equipment. Portable fire extinguishers shall be provided for commercial-type cooking equipment. Cooking equipment involving solid fuels or vegetable or animal oils and fats shall

52 be protected by a Class K rated portable extinguisher in accordance with paragraphs (D)(11)(e)(i)(904.11.5.1) or (D)(11)(e)(ii)(904.11.5.2) of this rule, as applicable. (14) Portable fire extinguishers for solid fuel cooking appliances. All solid fuel cooking appliances, whether or not under a hood, with fireboxes 5 cubic feet ( 0.14 m ) or less in volume shall have a minimum 2.5 -gallon (9 L) or two 1.5 -gallon (6 L) Class K wet-chemical portable fire extinguishers located in accordance with paragraph (D)(1 1 )(e)(904.11.5) of this rule. (15) Class K portable fire extinguishers for deep fat fryers. When hazard areas include deep fat fryers, listed Class K portable fire extinguishers shall be provided as follows: (a) For up to four fryers having a maximum cooking medium capacity of 80 pounds ( 36.3 kg) each: One Class K portable fire extinguisher of a minimum 1.5 gallon (6 L) capacity. (b) For every additional group of four fryers having a maximum cooking medium capacity of 80 pounds ( 36.3 kg) each: One additional Class K portable fire extinguisher of a minimum 1.5 gallon (6 L) capacity shall be provided. (c) For individual fryers exceeding 6 square feet ( 0.55 m2) in surface area: Class K portable fire extinguishers shall be installed in accordance with the extinguisher manufacturer's recommendations. (16) Portable Fire Extinguishers. A minimum of 5lb 3A:10B: C dry chemical extinguisher required at all operations (A)Fire extinguishers must be serviced and maintained ref OFC 906.1 (B) All Fire extinguishers shall meet requirements of NFPA 10 (17) Fire Extinguishers. Shall be mounted, unobstructed, and accessible at all times during operations. (18) All fire protection equipment shall display a current inspection tag from a licensed fire protection company.

(H) Section Electrical Systems

1. Inspection of electrical system with approval by licensed electrician. (Install /or additions to equipment)

(2) All wiring shall meet NFPA 70 E standards and any exposed wiring shall be in approved conduit. (3) Generator must be installed and operated per manufacturers recommendations. (4) Generators shall be placed so exhaust is directed away from all businesses, structures, exits, and openings. (5) Generators shall be separated from the public by physical barriers. (6) Interior Lighting. Minimum lighting requirement of 50 foot candle (7) Battery charging systems shall be shielded and protected from cooking equipment and any cooking by products. Batteries must be secured to prevent movement or damage. (8) Only commercially rated indoor/outdoor extension cords of the appropriate amperage shall be used on a temporary basis. Extension cords and flexible cords shall not be a substitute for permanent wiring. Extension cords and flexible cords shall not be affixed to structures, extended through walls, ceilings or floors, or under doors or floor coverings, nor shall such cords be subject to environmental damage or physical impact. Extension cords shall be used only with portable appliances. (Ref. OFC 605.5) (9) Power supply. Extension cords shall be plugged directly into an approved receptacle, power tap or multiplug adapter and, except for approved multiplug extension cords, shall serve only one portable appliance. (Ref. OFC 605.5.1) (10) Ampacity. The ampacity of the extension cords shall not be less than the rated capacity of the portable appliance supplied by the cord. (REF OFC 605.5.2) (11) Maintenance. Extension cords shall be maintained in good condition without splices, deterioration or damage. (REF OFC 605.5.3) (12) Grounding. Extension cords shall be grounded when serving grounded portable appliances. (REF OFC 605.5.4)

(I) Section Fuel Systems

1. Propane leak detection. Propane leak detection shall be required. Propane leak detector shall be permanently and provide audible alarm.

(2) Propane Lines. Propane lines shall be installed and maintained per manufacturers regulations.

53 (3) All flexible line shall be accredited for mobile application by ANSI C21.69/CSA6.16 accredited for mobile application. (4) Propane systems. Propane Systems shall be installed and approved by licensed master plumber with documentation available on request of AHJ. (5) Propane Systems and storage. Maximum 100 lbs. propane per retail food establishment. (6) No propane fueled cooking equipment may be utilized in any building with tank size greater than 2.5 lbs. (7) Propane tanks must be kept in a secure manner at all times and must be at least 20ft from any fixed structure. (8) Vehicle Mounted Propane Tanks. Tanks shall be mounted with 36” distance required from bottom of tank to the ground when secured to vehicle. (9) Exterior emergency shut off shall be required for any mobile food service operation (10) Emergency shut-off shall be readily distinguishable and be ¼ ball valve rated for fuel being utilized and for mobile equipment. (11) Emergency shut off signage shall be required at the shut-off location and any other location as deemed by the AHJ. (A) Signage shall be weather resistant and permanently mounted stating “EMERGENCY SHUT-OFF” (B) Signs shall be clearly visible and of contrasting colors and shall be readable from a minimum of a 25’ distance. (12) All fuel systems must be shut off during transit. (13) All fuel must be stored in approved safety cans. (14) All fuels cans must be stored 10 ft. away from generators and cooking equipment. (15) When refueling generators, they must be shut down and engine cooled prior to refueling. (16) Mobile food units using LP gas shall not be operated within 20 ft. of another mobile food unit. Exception: Festivals or events as approved by local AHJ)

(I) Section Mobile Vendor Safety Checklist General

o Have you been inspected and approved by the appropriate Fire Department? o Do you have a current approved health department inspection? o Is cooking equipment attended at all times? o Does all cooking equipment have lockout lids for transport? o Are all required ventilation openings open during cooking operations? o Is the cooking hood/ventilation system free from grease? o Is the vehicle parked at least 20 feet from buildings, other vehicles, or combustibles? o Ensure vehicle doesn’t block fire hydrants, fire lanes, fire department connections, exits, etc.? o Are ashes, cinders, and other fire debris removed at the end of the day and stored in a proper container away from the vehicle, buildings and combustibles?

Training

o Are employees trained in proper use of cooking equipment? o Are employees trained in how to shut-off fuel sources (e.g. propane, generators)? o Are employees trained in how to notify the local fire department in an emergency? o Are employees trained in proper storage, handling and fueling procedures? o Are employees trained in how to perform a leak test and when one is needed? o Are employees trained in the proper use of portable fire extinguishers and hood extinguishing system?

Fire Protection (All equipment must be maintained and inspected by licensed fire Protection Company as per OFC)

o Is the hood fire suppression system charged and in operating condition? o Is the hood pull station unobstructed and have a current inspection tag? o Do you have a minimum of a 2A 10B:C Fire Extinguisher with a current inspection tag?

54 o If cooking produces grease laden vapors you shall have a Class K Fire Extinguisher with a current inspection? o Ensure portable fire extinguishers are charged, not obstructed, and in operating condition?

PROPANE

o Are propane tanks in good condition and secured in an upright position at least 20 feet from any structures? o Have you conducted a leak test of all equipment immediately before each use? o Is the fuel supply shut-off when not in use and while in transit? o On gas system piping, is a flexible connector installed between the regulator outlet & the fixed piping system?

ELECTRICAL

o Is the electrical system and all electrical equipment in good working condition? o Use only heavy duty extension cords of the appropriate amperage that are in good condition?

GENERATORS

o Are generators placed at least 20 feet from buildings, structures, vehicles and combustibles? o Are generator exhausts directed away from all vehicles, buildings, structures, exits and openings? o Are generators separated from the public by physical barriers? o Are fuel cans stored at least 10 feet from any heat source including generator and operating equipment? o When refueling generators they must be shut down and engine cooled prior to refueling?

This tip sheet provides some safety information to help advance safety of mobile and temporary cooking operations. It is not intended to be a comprehensive list of requirements for mobile and temporary cooking operations. You should check with your local jurisdiction for specific requirements. Statement of Problem: We have seen a dramatic rise in all type of mobile food vendors without any current regulations to help us ensure the safety of the public. There have been a number of catastrophic events across the United States resulting in multiple fatalities and numerous injuries. Because of the lack of effective code enforcement on these types of vendors we are seeing everything from the use of gas grills inside school buildings on a regular basis to homemade units containing over 100lbs of propane driving from event to event while their cooking appliances are on. Even the current commercially built mobile food vendor units are failing to meet the manufacturer’s specifications for proper use and installation. Currently companies in Central Ohio are commercially manufacturing Mobile Food Vendor trucks and installing flex line for propane handling. This is specifically against the manufacturer’s specifications as this line is not approved for a mobile application and at some point in the near future we will have hundreds of these units on the road operating on daily basis and within a few years the number of catastrophic events due to the flex line failure will rise dramatically. Committee Reason: Petition 64 is DISAPPROVED. The Petition proposes the inclusion of extensive regulations regarding mobile food trucks and is overly broad. Many of the regulations proposed in the Petition are beyond the purview of fire service and would more appropriately be enforced by other regulatory bodies such as boards of health. Petition 64 will, therefore, be disapproved. However, given the nature of operations concerning mobile food trucks and the potential for harm, some of the safety measures regarding mobile food trucks that were proposed in Petition 64 are warranted. Therefore, the SFM has proposed and will approve alternate language regarding mobile food units. See Petition 90. Petition ID: 65 Committee Action: Disapproved

55 Submitter: OFOA OFC Sections: New Chapter or 1301:7-7-25 Proposed Change: (A) Section General (1) Scope. Asphalt Shingle recycling, asphalt shingle storage, used asphalt single storage, ground asphalt shingle facilities, ground asphalt shingle storage and shingle by-product facilities shall comply with this rule, other applicable requirements of this code and NFPA 13 as listed in rule 1301:7-7-47 of the Administrative Code. Shingles, used shingles, shingle grinding and ground shingle storage in buildings shall also comply with rule 1301:7-7-23 of the Administrative Code. (2) Permit required. Permits shall be required as set forth in rule 1301:7-7-01 of the Administrative Code. (B) Section Definitions (1) Terms defined in rule 1301:7-7-02 of the Administrative Code. Words and terms used in this rule and defined in rule 1301:7-7-02 of the Administrative Code shall have the meanings ascribed to them as defined therein. (C) Section shingle storage and shingle grinding Facility Location. Asphalt Shingle recycling, asphalt shingle storage, used asphalt single storage, ground asphalt shingle facilities, ground asphalt shingle storage and shingle by-product facilities shall not be located within 5,000 feet of any residential, educational or commercial occupancies. Construction. Shingle storage and shingle grinding facilities shall comply with the requirements of the building code as listed in rule 1301:7-7-47 of the Administrative Code, as to construction, separation from other buildings or other portions of the same building, and protection. Location. Inside Grinding operations shall be located in a room separated from the remainder of the building operations by a 1-hour fire barrier. Location. Exterior Grinding operations shall not be located within 150’ of a building or structure. All Grinding operations shall be equipped with an approved continuous automatic water-spray system directed at the point of grinding action; Cleaning. The Grinding area shall be cleaned at frequent intervals to prevent the accumulation of combustibles. (D) Section Precautions against fire Open burning. Open burning is prohibited on the property of shingle storage and shingle grinding facilities. Sources of heat. Cutting, welding or heating devices shall not be operated on the property of shingle storage and shingle grinding facilities. Smoking prohibited. Smoke is prohibited on the property of shingle storage and shingle grinding facilities. Power lines. Shingle materials or byproducts shall not be located beneath electrical power lines. Fire safety plan. The owner or individual in charge of the shingle storage and shingle grinding facilities shall be required to prepare and submit to the fire code official a fire safety plan for review and approval. The fire safety plan shall include provisions for fire department vehicle access. At least one copy of the fire safety plan shall be prominently posted and maintained at the facilities. Telephone number. The telephone number of the fire department and location of the nearest telephone shall be posted conspicuously in attended locations. Dust collection. Where located within a building, equipment or machinery which generates or emits combustible fibers shall be provided with an approved dust-collecting and exhaust system. Such systems shall comply with rule 1301:7- 7-13 of the Administrative Code and section 511 of the mechanical code as listed in rule 1301:7-7-47 of the Administrative Code. (E) Section Outdoor storage General. Shingle and shingle byproduct shall not be stored within 150 feet of any structure. Individual piles. Shingle and shingle byproduct storage shall be restricted to individual piles not exceeding 1000 square feet. Piles shall not exceed 10 feet in height. Separation of piles. Individual shingle and shingle byproduct storage piles shall be separated from other piles by a clear space of at least 56 feet (17 069 mm). Distance between piles of other stored products. Shingle and shingle byproduct storage piles shall be separated by a clear space of at least 56 feet (17 069 mm) from piles of other stored product. Distance from lot lines and buildings. Shingle and shingle byproduct storage piles shall be located at least 56 feet (17 069 mm) from lot lines and buildings.

56 Fire breaks. Storage yards shall be maintained free from combustible ground vegetation for a distance of 56 feet (17 069 mm) from the stored material to grass and weeds, brush and forested areas. Location of storage. Outdoor shingle and shingle byproduct storage shall not be located under bridges, elevated trestles, elevated roadways or elevated railroads. (F) Section Fire department access Required access. Shingle and shingle byproduct storage facilites shall be provided with fire apparatus access roads in accordance with paragraph (C)(503) of rule 1301:7-7-05 of the Administrative. Location. Fire apparatus access roads shall be located within all pile clearances identified above and within all fire breaks required in of this rule. Access roadways shall be within 150 feet (45 720 mm) of any point where the shingle and shingle byproduct storage piles are located, at least 20 feet (6096 mm) from any storage pile. (G) Section Fencing Where required. Where the bulk volume of stored materials is more than 20,000 cubic feet (566 m3), a firmly anchored fence or other approved method of security that controls unauthorized access to the shingle and shingle byproduct facilities and shall surround the facility. Construction. The fence shall be constructed of approved materials and shall be at least 6 feet (1829 mm) high and provided with gates at least 20 feet (6096 mm) wide. Locking. All gates to the storage yard shall be locked when the storage yard is not staffed. Unobstructed. Gateways shall be kept clear of obstructions and be fully operable at all times. (H) Section Fire protection Water supply. A public or private fire protection water supply shall be provided in accordance with paragraph (H)(508) of rule 1301:7-7-05 of the Administrative Code. The water supply shall be arranged such that any part of the facility can be reached by using not more than 300 feet (152 m) of hose. Fire extinguishers. Buildings or structure shall be provided with portable fire extinguishers in accordance with paragraph (F)(906) of rule 1301:7-7-09 of the Administrative Code. Fuel-fired vehicles operating in the facilty shall be equipped with a minimum 2-A:20-B:C rated portable extinguisher. (I) Section Indoor storage arrangement Pile dimensions. Shingle and shingle byproduct storage shall be restricted to individual piles not exceeding 500 square feet. Piles shall not exceed 8 feet in height. Separation of piles. Individual shingle and shingle byproduct storage piles shall be separated from other piles by a clear space of at least 56 feet (17 069 mm). Statement of Problem: There has been a sudden and dramatic rise to shingle recycling facilities throughout Central Ohio and across Ohio and without any current Ohio Fire Code provisions to allow us to protect the public from a large scale catastrophic event at these locations. Some of the current facilities are within 300’ of residential single family homes and in areas with very limited access and little to no available water sources. Without current regulations many of these facilities have piles of used roofing shingles that exceed millions of pounds of combustible materials with no restrictions on pile size or even maintaining emergency vehicle access and no provisions for adequate water supply systems. A fire at any of these locations would dramatically exceed the available resources and place many fire responders and Ohio Citizens at great risk. With piles of unprocessed shingles exceeding 150’ x 50’ x 10’ the fire load would by far exceed the fire load of large scale fires that have occurred throughout Ohio in wood pallet storage yards and tire storage facilities. Committee Reason: Petition 65 is DISAPPROVED. The language proposed is extensive and detailed, however, the SFM has not received any information supporting the proposed language or its efficacy in addressing issues related to asphalt shingle recycling and storage. The proposed language is not indicated to have come from and does not point to a national standard; nor is it supported by any data demonstrating that the proposed standards would be sufficient in addressing fire safety at such facilities. Likewise, the SFM has not been provided and cannot find data suggesting that issues relating to asphalt shingle recycling and storage facilities are widespread enough to warrant pages of text dedicated solely to such facilities. Furthermore, additional text dedicated solely to asphalt shingle recycling facilities is not warranted because

57 certain existing provisions of the OFC already apply to them and address many of the topics contained in the proposed language.

Pursuant to OFC section 304.1, combustible waste material creating a fire hazard is not allowed to accumulate in buildings or on premises. However, to the extent that there may be confusion as to the applicability of the already existing provisions, and to ensure that the currently applicable provisions are clearly inclusive of asphalt shingle recycling and storage facilities, the SFM will amend the OFC as follows (see Petition 84):

Section 304 Combustible waste material

(1) 304.1 Waste accumulation prohibited. Combustible waste material creating a fire hazard shall not be allowed to accumulate in buildings or structures or upon premises.

(a) 304.1.1 Waste material. Accumulations of wastepaper, wood, hay, straw, weeds, litter or combustible or flammable waste or rubbish of any type, including but not limited to asphalt shingles, shall not be permitted to remain on a roof or in any court, yard, vacant lot, alley, parking lot, open space, or beneath a grandstand, bleacher, pier, wharf, manufactured home, recreational vehicle or other similar structure.

In addition to the applicability of the above provisions, provisions of OFC 315 would also apply to asphalt shingle recycling facilities and address some of the issues presented in the Petition. For example, the OFC requires that the outside storage of combustible materials not be within 10 feet of property lines and height restrictions are set (see sections 315.3 and 315.3.2, respectively). Furthermore, the local authority having jurisdiction would have permitting authority for the storage of such combustible materials per section 315.1 and in accordance with OFC Rule 1. OFC Section 105.6.29 allows the local authority to require an operational permit for miscellaneous combustible storage. However, this section will also be amended to make it clear that it would in fact apply to asphalt shingle recycling as follows (see Petition 84):

105.6 Required operational permits. The local fire code official and, when specified in this rule, the state fire marshal are authorized in accordance with paragraph (E)(1)(a)(ii)(105.1.1.2) of this rule to issue operational permits for the hazardous operations as provided for in this rule.

105.6.29 Miscellaneous combustible storage. An operational permit to store in any building or upon any premises in excess of 2,500 cubic feet (71 mᶾ) gross volume of combustible empty packing cases, boxes, barrels, or similar containers, rubber tires, asphalt shingles, rubber, cork or similar combustible material. The addition of the above language addresses many of the concerns in the Petition and should aid local officials in addressing issues presented by this commodity. Petition ID: 66 Committee Action: Disapproved Submitter: OFOA OFC Sections: 404.4 Proposed Change: 404.4 Maintenance. Fire safety and evacuation plans shall be reviewed or updated annually or as necessitated by changes in staff assignments, occupancy or the physical arrangement of the building. Any item listed on the fire safety or evacuation plan must be maintained per the manufacturer’s recommendation or the related OFC Rule.

58 Statement of Problem: All items listed on the fire safety plan or the evacuation plan must be maintained as these are the life safety items that assist in relocating, notifying, or evacuating occupants in an emergency, including helping those occupants who are in need of assistance. Committee Reason: Petition 66 is DISAPPROVED. Maintenance requirements for items listed in safety and evacuation plans are addressed elsewhere in the OFC and the proposed additional language here is not necessary. In addition, pursuant to the approval of Petition 67 (see below), section 404.4 of the 2017 OFC will include language that requires the location(s) of Automated External Defibrillator devices (AED’s) to be included on fire safety and evacuation plans when those devices are present/available at a location. Effectively, the addition of the language proposed here would require that AED’s be maintained per the manufacturer’s recommendation and would create a penalty scheme for failure to maintain the AEDs. The Ohio Legislature addressed the issues of AEDs and required that they be maintained; however, the legislature did not provide a penalty for failure to comply. See R.C. section 3701.85. Petition ID: 67 Committee Action: Approved as Modified Submitter: OFOA OFC Sections: 404.3.2 Proposed Change: 404.3.2 (iv) Floor plans identifying the locations of the following: (a) exits (b) primary evacuation routes (c)secondary evacuation routes (d) accessible egress routes (e) areas of refuge (f) exterior areas for assisted refuge (g)manual fire alarm boxes (h) portable fire extinguishers (i)Occupant- use hose stations (j) fire alarms annunciators and controls (k) Automated defibrillator devices Statement of Problem: Adding this life safety device to the fire safety plan will help enable occupants of structures to locate said device in case of emergency. The American Red Cross supports the position that improved training and access to AEDs could save 50,000 lives each year. The Red Cross believes that all Americans should be within four minutes of an AED and someone trained to use it.- www.americanredcross.org AED's can dramatically increase the chances of survival of many cardiac arrest victims. Consider these statistics from the American Heart Association: • Less than 8% of people who suffer cardiac arrest outside the hospital survive.1 In many communities this can be because the time interval from activation of EMS to arrival of these medical personnel may be 7 to 8 minutes or longer. 2 • Effective bystander CPR, provided immediately after sudden cardiac arrest, can double or triple (approximately 15 - 24%) a victim’s chance of survival. 1 • In places where widespread first responder CPR training has been provided (eg, as part of community lay rescuer AED programs), survival rates from witnessed sudden cardiac arrest associated with ventricular fibrillation have been reported to be as high as 49% to 74%. 2 Other studies suggest that when AED's are used to deliver a shock within the first minute, that the patient's heart can be restarted and be beating on its own again before EMS arrives in as high as 90% of the cases. 3 • Brain death and permanent death start to occur in just 4 to 6 minutes after someone experiences cardiac arrest. Cardiac arrest can be reversed if it's treated within a few minutes with an electric shock to the heart to restore a normal heartbeat. This process is called defibrillation. A victim's chances of survival are reduced by 7 to 10 percent with every minute that passes without CPR and defibrillation. Few attempts at resuscitation succeed after 10 minutes. Committee Reason: Petition 67 is APPROVED AS MODIFIED. Due to 2015 IFC reformatting of other text in this provision, the proposed language will be included at (j), rather than at (k) as proposed. The text will also be italicized as an Ohio-ization. Petition ID: 68 Committee Action: Approved Submitter: OFOA OFC Sections: Carbon Dioxide Systems Other OFC Sections: Rule 30

59 Proposed Change: Carbon Dioxide Systems Due to the increased number of Insulated Liquid Carbon Dioxide Systems being utilized and the number of catastrophic events involving these systems and with little applicable code found in the Ohio Fire code to help prevent and reduce the risk associated with these systems, recommend the adoption of IFC 2015 Edition Chapter 53 and NFPA 55 Edition 2013 Chapters 1-7 and 13 in their entirety for the design, installation, maintenance, operation and alarming of Compressed Gasses and Insulated Liquid Carbon Dioxide Systems. Statement of Problem: Due to the increased number of Insulated Liquid Carbon Dioxide Systems being utilized and the number of catastrophic events involving these systems and with little applicable code found in the Ohio Fire code to help prevent and reduce the risk associated with these systems. Committee Reason: Petition 68 is APPROVED. The petition proposes the inclusion of language that is contained in the 2015 IFC and will be included in the 2017 Ohio Fire Code in accordance with the adoption and incorporation of the 2015 IFC as set forth in Petition 1. Petition ID: 69 Committee Action: Approved Submitter: OFOA OFC Sections: Carbon Monoxide Other OFC Sections: Rule 9 Proposed Change: Carbon Monoxide Detection Due to the significant risk of life to building occupants and first responders from and undetected carbon monoxide leak and the limited resources available to effectively mitigate and treat a large scale carbon monoxide incident recommend the adoption of IFC 2015 Edition Chapter 9 Section 915 Carbon Monoxide Detection in its entirety. Statement of Problem: The Ohio Fire Code should mirror the 2015 ICC IFC Section 915 in its entirety to remain consistent with the model code and to provide the best references for protection to both civilian and firefighters lives. CARBON MONOXIDE INCIDENTS More information "Non-Fire Carbon Monoxide Incidents" report (PDF, 597 KB) Fact sheet "Non-Fire Carbon Monoxide Incidents" Fact Sheet. (PDF, 204 KB) Research Foundation reports See the Research Foundation's reports on Carbon Monoxide detection. NFPA members can download free PDF copies of One-Stop Data Shop reports. All reports are also available for sale. To order, e-mail Nancy Schwartz or call +1 617 984-7450. Not an NFPA member? Join today. Report: NFPA's "Non-Fire Carbon Monoxide Incidents" Author: Ben Evarts Issued: March 2012 A summary of non-fire carbon monoxide incidents reported during 2006-2010, by month, by time of day and by type of occupancy. Abstract During 2006-2010, municipal fire departments responded to an annual average of 72,000 carbon monoxide incidents, excluding incidents where nothing was found or fire was present. These incidents were more common during the winter months, and in residential properties. Carbon monoxide calls to fire departments are more common during the early evening hours.

NFPA Information: Carbon Monoxide

60 Often called the invisible killer, carbon monoxide (CO) is an odorless, colorless gas created when fuels burn incompletely. In the home, heating and cooking equipment that burn fuel are potential sources of CO. In 2010, U.S. fire departments responded to an estimated 80,100 non-fire incidents in which carbon monoxide was found, or an average of nine such calls per hour. The number of incidents increased 96 percent from 40,900 incidents reported in 2003. This increase is most likely due to the increased use of CO detectors, which alert people to the presence of CO.

EXPOSURE TO GASES More information NFPA members "Deaths and Injuries Due to Non-Fire Exposure to Gases" report (PDF, 141 KB) NFPA members can download free PDF copies of One-Stop Data Shop reports. All reports are also available for sale. To order, e-mail Nancy Schwartz or call +1 617 984-7450. Not an NFPA member? Join today. Report: NFPA's "Deaths and Injuries Due to Non-Fire Exposure to Gases" Author: John R. Hall, Jr. Issued: September 2013 Deaths and Injuries Due to Non-Fire Exposure to Gases. Statistics from the U.S. death certificate database and the CPSC database on injuries reported to hospital emergency rooms on fatal and non-fatal injuries involving exposure to gases. Abstract In 2009, 784 people died of unintentional injuries due to non-fire exposure to gases. Anoxia, which is injury involving oxygen deprivation, accounted for 33,600 injuries reported to hospital emergency rooms in 2012, including 16,800 with no fire involvement. Committee Reason: Petition 69 is APPROVED. The language of 2015 IFC Section 915 will be included in the 2017 OFC in accordance with the adoption and incorporation of the 2015 IFC as set forth in Petition 1. [Note: See also Petition 80 for additional code provision changes regarding carbon monoxide detection.] Petition ID: 70 Committee Action: Approved as Modified Submitter: OFOA OFC Sections: Addition to code Proposed Change: Requesting additional language be added to the Ohio Fire Code to support commercial cooking operation safety. OFOA recommends adding the following text from the IFC section 609.2 with exception: [M] 609.2 Where required: A Type 1 Hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors. Exception: A Type 1 Hood shall not be required for an electric cooking appliance where an approved testing agency provides documentation that the appliance effluent contains 5 mg/m3 or less of grease when tested at an exhaust flow rate of 500 cfm (0.236 m3/s) in accordance with UL 710B. Statement of Problem: Many commercial establishments are installing chain driven pizza cooking appliances. These appliances are being used to cook pizza, as well as many other types of food (wings, bread, sausage, pasta,) that produce grease vapors. The use of the ovens are increasing and the grease production is increasing as well. These ovens are installed with no hood and are often installed after the certificate of occupancy is given to the establishment. Inserting IFC 609.2 into the Ohio Fire Code would require those producing significant amounts of grease to obtain installation of a Type 1 Hood suppression system or have proof of less than 5mg/m3 of grease is produced. These types of appliances are being installed in all types of occupancies- not just restaurants and are being used throughout the day- not just a lunch or dinner timeframe. Committee Reason: Petition 70 is APPROVED AS MODIFIED. The proposed language will be accepted, but will be modified to maintain consistency with adoption and incorporation of the 2015 IFC as set forth in

61 Petition 1. The language will be modified to add the following language at the end of the language proposed above and will read: “…in accordance with UL 710B as listed in rule 1301:7-7-80 of the Administrative Code”. Petition ID: 71 Committee Action: Disapproved Submitter: Fire Marshal Scott Hite, Madison Townshp Fire Department OFC Sections: 901.6.2 Proposed Change: Records of all system inspections, tests and maintenance required by the referenced standards shall be maintained on the premises for a minimum of 3 years unless otherwise provided for by law or regulation and shall be copied to the fire code official upon request. Statement of Problem: The Madison Township Fire department would like to have electronic copies sent from the fire suppression companies for our records, from a third party data collection company if the business chooses to participate in this program. We have reached out to our legal counsel and have been advised to have the wording electronically added to the verbiage in the fire code to allow for accepting these reports. The new paragraph should read Records of all system inspections, tests and maintenance required by the referenced standards shall be maintained on the premises for a minimum of 3 years unless otherwise provided for by law or regulation and shall be copied, electronically or in writing to the fire code official upon request. Committee Reason: Petition 71 is DISAPPROVED. The proposed language is disapproved due to incorporation of new language in the 2015 IFC. The 2015 IFC language in section 901.6.2 reads as follows: 901.6.2 Records. Records of all system inspections, tests and maintenance required by the referenced standards shall be maintained. In addition, text has been added in the IFC at section 107.3 as follows: (3) 107.3 Recordkeeping. A record of periodic inspections, tests, servicing and other operations and maintenance shall be maintained on the premises or other approved location for not less than 3 years, or a different period of time where specified in this code or referenced standards. Records shall be made available for inspection by the fire code official, and a copy of the records shall be provided to the fire code official upon request. The fire code official is authorized to prescribe the form and format of such recordkeeping. The fire code official is authorized to require that certain required records be filed with the fire code official. This language will be incorporated into the 2017 OFC with adoption and incorporation of the 2015 IFC as set forth in Petition 1. Although the new language does not specifically set forth the manner in which the records must be provided, the intent of the provision, particularly when read in conjunction with the new language is to provide the fire code official with discretion regarding the format in which the records must be provided. Therefore, it is the position of the SFM that the intent of the petition has been met and the language as proposed is not necessary. Petition ID: 72 Committee Action: Disapproved Submitter: Michael Kocab, Ohio Fire Officials Association OFC Sections: 915.4 Other OFC Sections: OFC Section 703.2 Proposed Change: Requesting an additional certification to be added to Section 915.4 entitled: Fire Doors which would become (k) moving: such other categories as deemed necessary by the state fire marshal to (l) Statement of Problem: The problem is that Fire Doors are an integral part of the fire protection systems in buildings. Many doors are installed to eliminate the installations of sprinkler systems and thus create fire areas. These doors currently can be tested without certification and knowledge in the repair and operation of such doors. Section 703.2 states" they shall be maintained according to NFPA 80."The 2016 edition of NFPA 80 defines a qualified person as one who possesses a degree, certificate, professional standing, or skill and who, by knowledge, training, and experience, has demonstrated the ability to deal with the subject matter. There is a national certification program in place for rolling steel fire doors conducted through the International Door Educational Association. It has a credentialing system that requires two years of field

62 experience, documentation and a written test. This certification could be accepted by the state as proof for a "Qualified Person" and then the person could be certified by the State of Ohio. Currently the AHJ has no way of assessing a qualified person and this would give the AHJ and the owner of the property the satisfaction of knowing that the person hired to perform annual testing is competent. Committee Reason: Petition 72 is DISAPPROVED. Although the SFM appreciates all efforts to ensure that those installing fire protection systems and equipment are qualified to do so, the establishment in the OFC of a required certification for those engaging in the installation of fire doors has not been adequately justified at this time. The SFM does not have sufficient and detailed information indicating that the lack of a certification standard with regard to fire door installation and/or inspections has either caused an issue with door assemblies or has resulted in a decreased measure of safety to the extent that the health or safety of the public has been put in jeopardy; likewise, there is not sufficient information to indicate that current substantive safety standards applying to fire door installations are not being properly applied. Finally, the SFM does not have sufficient information to determine whether currently available programs are accredited and nationally recognized by industry leaders as an appropriate standard for the evaluation and certification of applicants, or to determine whether or not such programs are readily available and cost effective. However, the SFM will continue to evaluate this issue and is interested in any and all information and/or data Petitioner may have that would demonstrate that public health and safety has been affected by the lack of a certification program. Petition ID: 73 Committee Action: Disapproved Submitter: Michael Kocab Ohio Fire Officials Association OFC Sections: OFC 703.2 Opening Protectives Proposed Change: Additional text to be added to Section 703.2 pertaining to records of fire doors. Copy and use existing language from Section 9 of the Ohio Fire Code to cover this item. Additional language added to end of existing section 703.2 would read as follows, "Records of all inspections, tests and maintenance required by the referenced standards shall be maintained." Statement of Problem: This would clarify the need for building owners to maintain and have available to the fire code official the records for all fire door tests and any repairs completed. Fire code officials are not always available to witness these crucial tests and requiring the building owners to maintain these records allows the code official to review them at a later date. Committee Reason: Petition 73 is DISAPPROVED. The proposed language is disapproved due to incorporation of new language in the 2015 IFC that addresses the same topic. The 2015 IFC added language at section 107.3 as follows:

(3) 107.3 Recordkeeping. A record of periodic inspections, tests, servicing and other operations and maintenance shall be maintained on the premises or other approved location for not less than 3 years, or a different period of time where specified in this code or referenced standards. Records shall be made available for inspection by the fire code official, and a copy of the records shall be provided to the fire code official upon request

The fire code official is authorized to prescribe the form and format of such recordkeeping. The fire code official is authorized to require that certain required records be filed with the fire code official.

This language will be incorporated into the 2017 OFC with adoption and incorporation of the 2015 IFC as set forth in Petition 1. Therefore, it is the position of the SFM that the intent of the petition has been met and the language as proposed is not necessary. Petition ID: 74 Committee Action: Approved in part Submitter: Ohio Fire Officials Association

63 OFC Sections: 2011 Ohio Fire Code Rule 9 Fire Protection Systems, Section 903, Paragraph 903.2.8 “exceptions” Proposed Change: Remove "Exceptions" clause of 2011 Ohio Fire Code Rule 9 Fire Protection Systems Section 903, Paragraph 903.2.8 Statement of Problem: Ohio fire deaths are once again are on the raise for 2015. The most effective way to protect lives, of both civilians and firefighters, is early detection and rapid suppression of fire. The prudent step for any regulatory agency is to mandate the best protective measure to ensure life safety. The intent of the adoption of this 2015 ICC/IFC 903 section in its entirety, without exceptions, is to remain consistent with the international model code which the Ohio Fire Code is based upon. This simple measure is not only practical, but remains consistent with every national model fire code. Eighty percent of all fire deaths occur in the home. The single most effective way to prevent fire-related deaths is the installation of residential fire sprinklers. Combined with smoke alarms, they cut the risk of dying in a home fire by 82% compared to having neither. Most people don't realize that 8 out of 10 fire deaths occur in the home. They usually happen at night when people are asleep. People also do not understand how fast fires spread and how they can go from a tiny flame to total destruction in as little as three minutes. Fire sprinklers can suppress and often extinguish a fire before the fire department arrives, giving people time to escape. (Home Fire Sprinkler Coalition) These references listed below contain numerous supporting documents for the advocacy for sprinklers: Cote, Arthur. Fire Protection Handbook, 20th Edition. National Fire Prevention Association. 2008 Hall, John. US Experience with Sprinklers. National Fire Prevention Association Statistical Reports. March, 2012. Brannigan, Francis. Building Construction for the Fire Service Third Edition. October, 1997. National Fire Protection Association. Home Structure Fire Loss in the US and the Fire Sprinkler Impact. Retrieved from www.firesprinklerinitiative.org. (Jan. 2013) United States Fire Administration. Home Fire Sprinklers save Lives. (Jan. 2013) retrieved from www.usfa.fema.gov NFPA public Education Division. Home Fire Sprinklers. Retrieved from www.nfpa.org (fact sheet) ICMA Publications. The Debate About Residential Fire Sprinklers. PM Magazine. August, 2001. Volume 93, Number 7. Wogan, Cathy. Sprinkler Debate Heating up In Ohio. This week Community News. May, 2009. Ahrens, Marty. Smoke Alarms in US Home Fires. NFPA Report. September, 2011. Committee Reason: Petition 74 is APPROVED IN PART. The language proposed for deletion was put in the OFC in a prior revision cycle to correspond to similar language placed in the OBC. However, since that time, the OBC has been further amended and some of the exceptions have been deleted from the OBC. Consequently, and to remain consistent with the OBC, the SFM will adopt like provisions in the 2017 OFC. This will result in some of the exceptions previoulsy contained in the OFC being deleted, specifically exceptions 1-3. Therefore, 2017 OFC sec. 903.2.8 will be amended to conform with the most current provisions of the OBC as set forth in the Draft 2017 OFC. See also Petition 33. Petition ID: 75 Committee Action: Disapproved Submitter: OFOA OFC Sections: OFC 703.2 Opening Protectives Proposed Change: Additional text to be added to Section 703.2 pertaining to records of fire doors. Copy and use existing language from Section 9 of the Ohio Fire Code to cover this item. Additional language added to end of existing section 703.2 would read as follows, "Records of all inspections, tests and maintenance required by the referenced standards shall be maintained." Statement of Problem: This would clarify the need for building owners to maintain and have available to the fire code official the records for all fire door tests and any repairs completed. Fire code officials are not

64 always available to witness these crucial tests and requiring the building owners to maintain these records allows the code official to review them at a later date. Committee Reason: Petition 75 is DISAPPROVED. The proposed language is disapproved due to incorporation of new language in the 2015 IFC that addresses the same topic. The 2015 IFC added language at section 107.3 as follows:

(3) 107.3 Recordkeeping. A record of periodic inspections, tests, servicing and other operations and maintenance shall be maintained on the premises or other approved location for not less than 3 years, or a different period of time where specified in this code or referenced standards. Records shall be made available for inspection by the fire code official, and a copy of the records shall be provided to the fire code official upon request

The fire code official is authorized to prescribe the form and format of such recordkeeping. The fire code official is authorized to require that certain required records be filed with the fire code official.

This language will be incorporated into the 2017 OFC with adoption and incorporation of the 2015 IFC as set forth in Petition 1. Therefore, it is the position of the SFM that the intent of the petition has been met and the language as proposed is not necessary. Petition ID: 76 Committee Action: Approved in part Submitter: Dave Belcher, President, Ohio Fire Officials Association OFC Sections: 2011 Ohio Fire Code Rule 9 Fire Protection Systems, Section 903, Paragraph 903.2.8 “Exceptions” Proposed Change: Remove "Exceptions" clause of 2011 Ohio Fire Code Rule 9 Fire Protection Systems Section 903, Paragraph 903.2.8 Statement of Problem: Ohio fire deaths are once again are on the raise for 2015. The most effective way to protect lives, of both civilians and firefighters, is early detection and rapid suppression of fire. The prudent step for any regulatory agency is to mandate the best protective measure to ensure life safety. The intent of the adoption of this 2015 ICC/IFC 903 section in its entirety, without exceptions, is to remain consistent with the international model code which the Ohio Fire Code is based upon. This simple measure is not only practical, but remains consistent with every national model fire code. Eighty percent of all fire deaths occur in the home. The single most effective way to prevent fire-related deaths is the installation of residential fire sprinklers. Combined with smoke alarms, they cut the risk of dying in a home fire by 82% compared to having neither. Most people don't realize that 8 out of 10 fire deaths occur in the home. They usually happen at night when people are asleep. People also do not understand how fast fires spread and how they can go from a tiny flame to total destruction in as little as three minutes. Fire sprinklers can suppress and often extinguish a fire before the fire department arrives, giving people time to escape. (Home Fire Sprinkler Coalition) These references listed below contain numerous supporting documents for the advocacy for sprinklers: Cote, Arthur. Fire Protection Handbook, 20th Edition. National Fire Prevention Association. 2008 Hall, John. US Experience with Sprinklers. National Fire Prevention Association Statistical Reports. March, 2012. Brannigan, Francis. Building Construction for the Fire Service Third Edition. October, 1997. National Fire Protection Association. Home Structure Fire Loss in the US and the Fire Sprinkler Impact. Retrieved from www.firesprinklerinitiative.org. (Jan. 2013) United States Fire Administration. Home Fire Sprinklers save Lives. (Jan. 2013) retrieved from www.usfa.fema.gov NFPA public Education Division. Home Fire Sprinklers. Retrieved from www.nfpa.org (fact sheet)

65 ICMA Publications. The Debate About Residential Fire Sprinklers. PM Magazine. August, 2001. Volume 93, Number 7. Wogan, Cathy. Sprinkler Debate Heating up In Ohio. This week Community News. May, 2009. Ahrens, Marty. Smoke Alarms in US Home Fires. NFPA Report. September, 2011. Committee Reason: Petition 76 is APPROVED IN PART. The language proposed for deletion was put in the OFC in a prior revision cycle to correspond to similar language placed in the OBC. However, since that time, the OBC has been further amended and some of the exceptions have been deleted from the OBC. Consequently, and to remain consistent with the OBC, the SFM will adopt like provisions in the 2017 OFC. This will result in some of the exceptions previoulsy contained in the OFC being deleted, specifically exceptions 1-3. Therefore, 2017 OFC sec. 903.2.8 will be amended to conform with the most current provisions of the OBC as set forth in the Draft 2017 OFC. See also Petition 33. Petition ID: 77 Committee Action: Disapproved Submitter: OFOA OFC Sections: 915.4 Other OFC Sections: OFC Section 703.2 Proposed Change: Requesting an additional certification to be added to Section 915.4 entitled: Fire Doors which would become (k) moving: such other categories as deemed necessary by the state fire marshal to (l) Statement of Problem: The problem is that Fire Doors are an integral part of the fire protection systems in buildings. Many doors are installed to eliminate the installations of sprinkler systems and thus create fire areas. These doors currently can be tested without certification and knowledge in the repair and operation of such doors. Section 703.2 states" they shall be maintained according to NFPA 80."The 2016 edition of NFPA 80 defines a qualified person as one who possesses a degree, certificate, professional standing, or skill and who, by knowledge, training, and experience, has demonstrated the ability to deal with the subject matter. There is a national certification program in place for rolling steel fire doors conducted through the International Door Educational Association. It has a credentialing system that requires two years of field experience, documentation and a written test. This certification could be accepted by the state as proof for a "Qualified Person" and then the person could be certified by the State of Ohio. Currently the AHJ has no way of assessing a qualified person and this would give the AHJ and the owner of the property the satisfaction of knowing that the person hired to perform annual testing is competent. Committee Reason: Petition 77 is DISAPPROVED. Although the SFM appreciates all efforts to ensure that those installing fire protection systems and equipment are qualified to do so, the establishment in the OFC of a required certification for those engaging in the installation of fire doors has not been adequately justified at this time. The SFM does not have sufficient and detailed information indicating that the lack of a certification standard with regard to fire door installation and/or inspections has either caused an issue with door assemblies or has resulted in a decreased measure of safety to the extent that the health or safety of the public has been put in jeopardy; likewise, there is not sufficient information to indicate that current substantive safety standards applying to fire door installations are not being properly applied. Finally, the SFM does not have sufficient information to determine whether currently available programs are accredited and nationally recognized by industry leaders as an appropriate standard for the evaluation and certification of applicants, or to determine whether or not such programs are readily available and cost effective. However, the SFM will continue to evaluate this issue and is interested in any and all information and/or data Petitioner may have that would demonstrate that public health and safety has been affected by the lack of a certification program. Petition ID: 78 Committee Action: Disapproved Submitter: OFOA OFC Sections: 1301:7-7-08 Other OFC Sections: OAC 3717 Proposed Change:

66 (E) Section 805 Upholstered furniture and mattresses in new and existing buildings.

(1) 805.1 Group E. The requirements in paragraphs (E)(1)(a)(805.1.1) to (E)(1)(b)(805.1.2) of this rule shall apply to Group E.

(a) 805.1.1 Upholstered furniture. Newly introduced upholstered furniture shall meet the requirements of paragraphs (E)(1)(a)(i)(805.1.1.1) and (E)(1)(a)(iii)(805.1.1.3) of this rule.

(i) 805.1.1.1 Ignition by cigarettes. Newly introduced upholstered furniture shall be shown to resist ignition by cigarettes as determined by tests conducted in accordance with one of the following:

(a) Mocked-up composites of the upholstered furniture shall have a char length not exceeding 1.5 inches (38 mm) when tested in accordance with NFPA 261 as listed in rule 1301:7-7-47 of the Administrative Code.

(b) The components of the upholstered furniture shall meet the requirements for Class I when tested in accordance with NFPA 260 as listed in rule 1301:7-7-47 of the Administrative Code.

(ii) 805.1.1.2 Heat release rate. Newly introduced upholstered furniture shall have limited rates of heat release when tested in accordance with ASTM E 1537 or California Technical Bulletin 133 as listed in rule 1301:7-7-47 of the Administrative Code, as follows:

(a) The peak rate of heat release for the single upholstered furniture item shall not exceed 80 kW.

(b) The total energy released by the single upholstered furniture item during the first 10 minutes of the test shall not exceed 25 megajoules (MJ).

(iii) 805.1.1.3 Identification. Upholstered furniture shall bear the label of an approved agency, confirming compliance with the requirements of paragraphs (E)(1)(a)(i)(805.1.1.1) and (E)(1)(a)(ii)(805.1.1.2) of this rule.

(b) 805.1.2 Mattresses. Newly introduced mattresses shall meet the requirements of paragraphs (E)(1)(b)(i)(805.1.2.1) to (E)(1)(b)(iii)(805.1.2.3) of this rule.

i) 805.1.2.1 Ignition by cigarettes. Newly introduced mattresses shall be shown to resist ignition by cigarettes as determined by tests conducted in accordance with DOC 16 CFR Part 1632 as listed in rule 1301:7-7-47 of the Administrative Code and shall have a char length not exceeding 2 inches (51 mm).

(ii) 805.1.2.2 Heat release rate. Newly introduced mattresses shall have limited rates of heat release when tested in accordance with ASTM E 1590 or California Technical Bulletin 129 as listed in rule 1301:7-7-47 of the Administrative Code, as follows:

67 (a) The peak rate of heat release for the single upholstered furniture item shall not exceed 100 kW.

(b) The total energy released by the single upholstered furniture item during the first 10 minutes of the test shall not exceed 25 MJ.

(iii) 805.1.2.3 Identification. Mattresses shall bear the label of an approved agency, confirming compliance with the requirements of paragraphs (E)(2)(b)(i)(805.2.2.1) and (E)(2)(b)(ii)(805.2.2.2) of this rule.

(2) 805.1 805.2 Group I-1 … Statement of Problem: We have seen a dramatic rise in the use of upholstered furniture designed for home use in Group E Occupancies without appropriate regulations to help us ensure the safety and welfare of the public. Fire Departments are well aware of the dangers of a fire in upholstered furniture and the rapid fire growth associated with fires in upholstered furniture. Fires in upholstered furniture have been well documented by numerous testing agencies to rapidly produce thick poisonous smoke despite the presence of automatic sprinkler systems. The public should not have to worry that their children will be exposed to these dangerous conditions when they are in the care of our educational system. Furthermore the Franklin County Health Department recommends against the use of upholstered furniture in Group E Occupancies due to the possible spread of bed bugs and or body lice. In most cases the use of the upholstered furniture in Group E Occupancies is specifically against the manufacturer’s specifications. Without legislation to protect our students from the dangers of the use of upholstered furniture in Group E Occupancies we will surely see a dramatic rise in the number of fires with a great potential for injuries and or loss of life. Furthermore the increased use of non-approved upholstered furniture in Group E Occupancies will significantly increase the transmission of bed bugs and or body lice. Since the Our Lady of Angels school Fire of 1958 the Fire Service has made momentous strides to protect our children in schools and we must remain ever diligent to ensure the safety of our most important asset. Committee Reason: Petition 78 is DISAPPROVED. Although the SFM appreciates all efforts to ensure safety in all occupancies, the SFM does not at this time, have any detailed or statistical data indicating that there has been a widespread issue of fires in Group E occupancies caused or worsened by non-fire resistant furniture that has been introduce. However, the SFM will continue to evaluate this issue and is interested in any and all information and/or data Petitioner can provide indicating that there is an issue or that public health and safety has been affected by the lack of furniture flammability criteria with regard to upholstered furniture being introduced in Group E occupancies. Petition ID: 79 Committee Action: Withdrawn Submitter: BUSTR OFC Sections: 3401.2 Proposed Change: 3401.2 Nonapplicability. This rule shall not apply to liquids as otherwise provided in other laws or regulations or rules of this code, including: (a) Specific provisions for flammable and combustible liquids in airports, motor fuel-dispensing facilities and marinas in rule 1301:7-7-23 of the Administrative Code. (b) Medicines, foodstuffs, cosmetics and commercial or institutional products containing not more than 50 per cent by volume of water-miscible liquids and with the remainder of the solution not being flammable, provided that such materials are packaged in individual containers not exceeding 1.3 gallons (5 L). (c) Quantities of alcoholic beverages in retail or wholesale sales or storage occupancies, provided that the liquids are packaged in individual containers not exceeding 1.3 gallons (5 L).

68 (d) Storage and use of fuel oil in tanks and containers connected to oil-burning equipment. Such storage and use shall be in accordance with paragraph (C)(603) of rule 1301:7-7-06 of the Administrative Code. For abandonment of fuel oil tanks, this rule applies. (e) Refrigerant liquids and oils in refrigeration systems (see paragraph (F)(606) of rule 1301:7-7-06 of the Administrative Code). (f) Storage and display of aerosol products complying with rule 1301:7-7-51 of the Administrative Code. (g) Storage and use of liquids that do not have a fire point when tested in accordance with ASTM D 92 as listed in rule 1301:7-7-80 of the Administrative Code. (h) Liquids with a flash point greater than 95oF (35oC) in a water-miscible solution or dispersion with a water and inert (noncombustible) solids content of more than 80 per cent by weight, which do not sustain combustion. (i) Liquids without flash points that can be flammable under some conditions, such as certain halogenated hydrocarbons and mixtures containing halogenated hydrocarbons. (j) The storage of distilled spirits and wines in wooden barrels and casks. (k) Commercial cooking oil storage tank systems located within a building and designed and installed in accordance with paragraph (J)(610) of rule 1301:7-7-06 of the Administrative Code and NFPA 30 as listed in rule 1301:7-7-80 of the Administrative Code. (l) Those tanks regulated by rule 1301:7-9 of the Administrative Code. Statement of Problem: Currently, Rule 1301:7-7-34 of the Administrative Code does not apply to tanks regulated by BUSTR. This means fire code officials do not have the authority to pursue Rule 34 fire code violations against BUSTR tanks. By deleting paragraph 1301:7-7-34(A)(2)(j), it will restore the ability of fire code officials to pursue a number of tank issues such as: The removal of out-of-service tanks pursuant to 3404.2.13.1.3; the location of vent piping pursuant to 3404.2.7.3.3; and the ability to require owners to assess fire hazards pursuant to 3403.3. By making this change, fire code officials will have the ability to resolve a number of tank issues at a local level. In addition, by making this change, it will give BUSTR the ability to apply a variety of separation and set-back distances listed in Rule 34 that are applicable to underground storage tanks. Committee Reason: N/A Petition ID: 80 Committee Action: Approved Submitter: SFM/WG OFC Sections: 1101.1, 1103.9, and Table 1103.1 Proposed Change: 1101.1 Scope. The provisions of this rule shall apply to existing buildings constructed prior to the adoption of this code in accordance with paragraph (B)(1)(c)(102.1) of rule 1301:7-7-01 of the Administrative Code. The provisions of this rule shall not apply to existing buildings unless the conditions at the building constitute a distinct hazard to life or property in the opinion of the fire code official in accordance with paragraph (B)(1)(c)(102.1) of rule 1301:7-7-01 of the Administrative Code.

Exceptions: 1. The provisions of paragraph (D)(1104) of this rule shall apply to all existing buildings. 2. The provisions of section (C)(9)1103.9 of this rule shall apply to all existing occupancies identified in section (C)(9)1103.9 of this rule.

1103.9 Carbon monoxide alarms. Existing Group I-1, I-2, I-4, and R, and E occupancies shall be equipped with carbon monoxide alarms in accordance with paragraph (O)(915) of rule 1301:7-7-09 of the Administrative Code, except that the carbon monoxide alarms shall be allowed to be solely battery operated.

69

Table 1103.1: insert “R” under the E column at the row of data for 1103.9. Statement of Problem: Petition 69 was submitted to the SFM seeking the inclusion of 2015 IFC section 915, Carbon Monoxide (CO) Detection, in the 2017 OFC its entirety. The SFM has approved Petition 69 with a slight modification (The SFM inserted language into the 2015 IFC language to require that required carbon monoxide detection be automatically transmitted to an approved location.) The revision to the OFC Rule 11 provisions above are necessary In order to maintain consistency and to fully implement the change at all listed occupancies – both new and existing. While the SFM realizes that the installation of CO detectors will initially create a financial outlay, this relatively inexpensive installation is far outweighed by the benefit derived to protect those where CO producing equipment is present. Statistical data provided to the SFM shows that reported CO incidents (more likely in winter months) have risen over the last several years (likely due to the use of valuable detection) and indicates that the use of detection devices for this odorless, colorless silent killer is warranted. Committee Reason: Petition 80 is APPROVED. In existing structures for the specified occupancies, CO alarms will be required retroactively. The required alarms for existing structures, however, will not have to automatically transmit to an approved location. Therefore, if an existing occupancy is required to put in CO alarms (as all I-1, I-2, I-4, R, and E occupancies will), the detection can be solely battery operated as opposed to tied in to a monitoring system. This will ensure that detectors are present without requiring the additional potential costs of upgrading/adding a system in order to accommodate the transmission of an alarm to an approved location. The number of carbon monoxide (CO) incidents have been on the rise over the past several years – likely due to increased detection. While the addition of the language above does create a necessity for certain existing buildings to add CO detection, the cost will be relatively small and will be far outweighed by having these important devices in the specified occupancies which house vulnerable populations. CO is colorless and odorless and far too often, without detection devices, goes undetected until it is too late. The cost of placing alarms in select locations will be minimal in comparison to the increased level of safety. Petition ID: 81 Committee Action: Approved Submitter: SFM/CEB OFC Sections: 104.1 Proposed Change: Section 104 General authority and responsibilities (1) 104.1 General. The fire code official is hereby authorized to enforce the provisions of this code. and tTo the extent the state fire marshal has not rendered an interpretation or issued a ‘Technical Bulletin’ regarding a particular topic, the fire code official shall have the authority to render interpretations of this code, and to adopt policies, procedures, rules and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose of this code and shall not have the effect of waiving requirements specifically provided for in this code. To the extent the state fire marshal has rendered an interpretation or issued a ‘Technical Bulletin’ regarding the provisions of this code, such interpretation shall be definitive throughout the state and in the discretion of the state fire marshal shall supersede all prior interpretations that may have been rendered by any other fire code official. No other fire code official shall render an interpretation in conflict with the state fire marshal’s interpretation or technical bulletin or enforce provisions of this code in a manner in conflict with the interpretation or technical bulletin rendered by the state fire marshal. Statement of Problem: The above language is necessary to clarify that although local fire code officials may offer interpretations of the OFC, they may not do so when the state fire marshal has rendered an interpretation of the same OFC provision. When the state fire marshal has rendered an interpretation, the state fire marshal’s interpretation will be considered authoritative and final. This will minimize confusion and lessen the instances where there are differing code interpretations throughout the state. Committee Reason: For the reasons stated above, Petition 81 IS APPROVED.

70 Petition ID: 82 Committee Action: Approved Submitter: SFM/CEB OFC Sections: 122.6.4 Proposed Change: Revise OFC sec. 122.6 as follows: 122.6 Chapter 119. hearings: appointment and powers of a hearing examiner and rules of practice. (d) 122.6.4 Authority of hearing examiners appointed by the department. The director may assign a hearing examiner to conduct any hearing held subject to rule 1301:7-7 of the Administrative Code. Any person assigned to be a hearing examiner must be admitted to the practice of law in the state of Ohio and have such other qualifications as the director deems necessary. The hearing examiner may be an employee of the department or under contract to the department. The hearing examiner has the same powers as granted to the department in conducting the hearing. These powers include, but are not limited to, the following: (i) The general authority to regulate the course of the hearing and to issue orders governing the conduct of the hearing. (ii) The authority to administer oaths or affirmations, order the production of documents and the attendance of witnesses, call and examine witnesses in a reasonable and impartial manner, and to determine the order in which the participants to a hearing will present testimony and be examined in a manner consistent with essential fairness and justice. (iii) The authority to pass upon the admissibility of evidence, and rule on objections, procedural motions, and other procedural matters. (iv) The authority to issue orders intended to facilitate settlement of the case, including the scheduling of settlement conferences, directing the exchange of offers and demands, and any other actions that may facilitate the prompt resolution of disputed matters. (v) The authority to hold one or more pre-hearing conferences of the participants for the purpose of resolving issues that can be resolved by the participants including facilitation of a settlement, identifying the witnesses to be presented and the subject of their testimony, discussing possible admissions or stipulations regarding the authenticity of records, identifying and marking exhibits, and ruling on any procedural motions of the participants, resolving outstanding discovery claims, and clarifying the issues to be addressed at the hearing, and discussing any other matters deemed appropriate by the hearing examiner for the thorough and expeditious preparation and disposition of the case. (vi) The authority to take such other actions as might be necessary to avoid unnecessary delay, prevent presentation of irrelevant or cumulative evidence, prevent argumentative, repetitious, or irrelevant examination or cross-examination, and to assure that the hearing proceeds in an orderly and expeditious manner. (vii) Nothing in this rule, nor in any other state fire marshal rule, is to be construed as granting a hearing examiner the authority to dismiss any hearing. Nothing in this rule nor in any other state fire marshal rule limits the state fire marshal’s authority to withdraw a proposal to enter an order of adjudication or limits the authority of the state fire marshal to define the scope of any hearing. (viii) Upon the motion of the hearing examiner, the state fire marshal, or the appellant, the hearing examiner may require the submission of briefs and memoranda at any time during the proceeding. The hearing examiner may limit these filings to one or more specific issues and may prescribe procedures and time schedules for their submission. All briefs, memoranda, motions, or other pleadings are subject to the following requirements: (a) All briefs, memoranda, motions or other pleadings must be filed with the state fire marshal within three days after service. A certificate of service is to be attached attesting both to the service of a copy of the pleading on the opposing party and the provision of a

71 copy to the hearing examiner. Service is governed by rule 5 (7/1/2007) of the Ohio rules of civil procedure except that any reference to “court” in rule 5 will be interpreted to refer to the state fire marshal. (b) Only those pleadings, order, and other papers filed with the state fire marshal will be a part of the official record. (c) All briefs, memoranda, motions, or other pleadings and papers must be on eight-and- one-half-inch by eleven-inch paper and double-spaced. (d) All orders, reports, recommendations, and rulings issued by the hearing examiner are to be signed, dated, and filed with the state fire marshal. Exception: A hearing officer shall not have the power to consider any motion for a change in venue. Only the director or the state fire marshal or the state fire marshal’s designee may consider and rule upon a motion for a change of venue. (e) 122.6.5 Withdrawal of proposed adjudication orders. The state fire marshal, upon it own motion, at any time before the issuance of an order of adjudication, may withdraw its proposal to implement such an order without prejudice to the rights of the parties. Statement of Problem: The above language is necessary to clarify that only the Director of Commerce or the SFM shall have authority to rule on a motion to change venue for an administrative hearing. Committee Reason: Petition 82 IS APPROVED. The above language is necessary to clarify that while the hearing officer has broad authority over all matters in a pending matter, only the Director of Commerce or the SFM shall have authority to rule on a motion to change venue for an administrative hearing. Petition ID: 83 Committee Action: Approved Submitter: SFM/CEB OFC Sections: 1301:7-7-80 Proposed Change: Revise OFC 1301:7-7-80 as follows: Insert language to make NFPA 400-16 the applicable standard for the storage and handling of ammonium nitrate. NFPA 400-16 3301.1.5 Statement of Problem: The 2011 OFC references NFPA 490-2002 as the standard applicable to the storage and handling of ammonium nitrate. However, this standard was incorporated into NFPA 400. The 2015 IFC references the 2013 version of NFPA 400 (Hazardous Materials Code) as the referenced standard for Section 5601.1.5 (which is currently OFC section 3301.1.5) regarding the storage and handling of ammonium nitrate. Subsequent to the publication of the 2015 IFC, the NFPA published a 2016 version of NFPA 400, which was drafted subsequent to the Investigation Report regarding the 2013 fire and explosion at the West Fertilizer Company in West, Texas. The 2016 version of NFPA 400 incorporates best practices with regard to the storage and handling of ammonium nitrate as determined subsequent to the report. Because this standard incorporates the latest information and standards it should be the adopted referenced standard with regards to the storage and handling of ammonium nitrate. Committee Reason: Petition 83 is APPROVED. The 2016 NFPA standard incorporates rules developed by the NFPA subsequent to the explosion at the West Fertilizer Plant in West, Texas. Those provisions of the standard that incorporate the latest standards with regard to ammonium nitrate storage and handling should be incorporated into the OFC. [Please note: The 2017 IFC will also update to the 2016 version of NFPA 400 for OFC Rule 40, Oxidizers.] Petition ID: 84 Committee Action: Approved Submitter: SFM OFC Sections: 105.6.29 and 304.1.1 Proposed Change: 105.6 Required operational permits. The local fire code official and, when specified in this rule, the state fire marshal are authorized in accordance with paragraph (E)(1)(a)(ii)(105.1.1.2) of this rule to issue operational permits for the hazardous operations as provided for in this rule.

72 105.6.29 Miscellaneous combustible storage. An operational permit to store in any building or upon any premises in excess of 2,500 cubic feet (71 mᶾ) gross volume of combustible empty packing cases, boxes, barrels, or similar containers, rubber tires, asphalt shingles, rubber, cork or similar combustible material.

(1) 304.1 Waste accumulation prohibited. Combustible waste material creating a fire hazard shall not be allowed to accumulate in buildings or structures or upon premises. (a) 304.1.1 Waste material. Accumulations of wastepaper, wood, hay, straw, weeds, litter or combustible or flammable waste or rubbish of any type, including but not limited to asphalt shingles, shall not be permitted to remain on a roof or in any court, yard, vacant lot, alley, parking lot, open space, or beneath a grandstand, bleacher, pier, wharf, manufactured home, recreational vehicle or other similar structure Statement of Problem: The SFM received a petition requesting the addition of extensive language to the OFC to address issues that may arise in locations where asphalt shingle recycling facilities are present. The SFM denied the Petition (see Petition 65) because certain provisions of the OFC are already in place to address some of the concerns raised in the Petition. However, the SFM acknowledged that language could be added to those already existing provisions to ensure that it is understood that they do apply to asphalt shingle recycling facilities. The instant petition addresses this concern. Committee Reason: For the reasons stated above, Petition 84 is APPROVED. Petition ID: 85 Committee Action: Approved Submitter: SFM/CEB OFC Sections: 105.1.1.1.7 Proposed Change: Create a mandatory annual permit for the handling of ammonium nitrate by adding language to the OFC at section 105.1.1.1.7 as follows: (g) 105.1.1.1.7 Ammonium Nitrate. A permit is required for the storage, use, manufacture, processing or handling of ammonium nitrate in either solid form or prill form for any facility that will at any time have an aggregate quantity of ammonium nitrate on-site in an amount in excess of 5,000 pounds. In addition to any discretionary permit required by the local fire code official, an annual operational permit shall be obtained from the state fire marshal for the storage, use, manufacture, processing or handling of ammonium nitrate under this paragraph. Exceptions: 1) This requirement for an annual operational permit from the SFM shall not apply to ammonium nitrate within the State of Ohio that is subject to a permit under paragraph (E)(1)(a)(i)(a)(105.1.1.1.1) of this code. 2) This requirement for an annual operational permit from the SFM shall not apply to ammonium nitrate that is otherwise regulated by DOTn.

Statement of Problem: The proposed additional language creates a mandatory annual operational permit for the storage, manufacture, processing, use or handling of ammonium nitrate. The requirement for an annual permit to be issued by the SFM will ensure that quantities of ammonium nitrate above the threshold amount (5,000 pounds) will be identifiable throughout the state. Subsequent to the explosion of an ammonium nitrate facility in West Texas, it was determined that there is no centralized accounting for the locations of ammonium nitrate in the State of Ohio. The requirement for a permit will alleviate this problem and allow the SFM the ability to track the location of ammonium nitrate in Ohio. The SFM used the threshold amount of 5,000 pounds to be in line with reporting requirements set by the Department of Homeland Security. Committee Reason: For the reasons stated above, Petition 85 is APPROVED.

73 Petition ID: 86 Committee Action: Approved Submitter: SFM/CEB OFC Sections: 3401.4 Other OFC Sections: OFC secs. 105.1.1.1.2, 603.3.1, 3401.2 Proposed Change: Amend OFC section 3401.4 to clarify permitting requirements for residential heating oil tanks under 1,100 gallons, and to eliminate permitting requirements for flammable and combustible liquids tanks in specified circumstances (i.e., at construction sites for a period of less than 90 days and certain engine mounted tanks connected to stationary equipment) as follows: 3401.4 Permits. Permits shall be required as set forth in rule 1301:7-7-01 of the Administrative Code. In accordance with (E)(1)(a)(105.1.1) of rule 1301:7-7-01 of the Administrative Code, permits required for the installation, alterations to tanks, piping or appurtenances, abandonment, removal or to place temporarily out of service a stationary flammable or combustible liquid storage tank shall be obtained from the fire marshal when such permit is not issued by another officer listed in section 3737.14 of the Revised Code. Exceptions: 1. A stationary flammable or combustible liquid storage tank with a capacity of 1,100 gallons or less utilized for residential heating oil or agricultural purposes. 2. A listed, lockable engine mounted tank that is connected to stationary pieces of equipment if all of the following apply: a. The tank has an capacity of 500 gallons or less; and b. The equipment remains locked at all times unless the equipment is being serviced or the tank is being filled; and c. All other provisions of this code, including other security provisions such as vehicle protection, are complied with.

3. A stationary flammable or combustible liquid storage tank utilized at a construction site for a period of less than 90 days. Statement of Problem: It was intended in the last revision of the OFC to eliminate permitting requirements for certain residential heating oil tanks. However, because OFC Rule 34 specifically applies to the abandonment of such tanks (see OFC sec. 3401.2(c)) and does require permits for tank abandonment (see OFC 3401.4), the expansion of the exemption is needed to exempt residential heating oil tanks under 1,100 gallons (as well as those used for agricultural purposes) from permitting requirements otherwise required for tank abandonment. All other abandonment provisions of Rule 34 will still apply to such tanks. Permitting requirements for stationary tanks at construction sites for less than 90 days and for engine mounted tanks in certain circumstances have caused confusion for affected industries regarding the permitting process and the application of the OFC and other codes. The above proposed modification to the permitting requirements for these types of tanks will streamline the process. Furthermore, it is not anticipated to compromise safety at these locations since there are numerous provisions of the OFC that will still apply and that address safety for these affected tanks. Committee Reason: For the reasons stated above, Petition 86 is APPROVED. Petition ID: 87 Committee Action: Approved Submitter: SFM – T&R OFC Sections: sec. 915 Proposed Change: Amend OFC section 915 as follows:

(O) Section 915 Fire protection and fire fighting equipment certification

74 (1) 915.1 No person shall sell, offer for sale, or use any fire protection or fire fighting equipment which does not meet the minimum standards for such equipment as specified in this code.

(2) 915.2 Except for public and private mobile fire trucks, no person shall engage in the business of servicing, testing, repairing, or installing fire protection or fire fighting equipment for profit without first being certified by the state fire marshal, as required by section 3737.65 of the Revised Code and this code.

(3) 915.3 Terms defined for this paragraph. The following words take on exclusive meanings as used in this paragraph of this rule only.

"Company." Any individual, sole proprietorship, partnership, association, or corporation certified pursuant to this rule.

"Provisional individual." Any person enrolled in a bona fide apprenticeship training program registered with the apprenticeship council pursuant to section 4139.08 of the Revised Code or with the bureau of apprenticeship and training of the United States department of labor.

"Company branch." A separate but dependent office of a company certified pursuant to paragraph 915.18 of this rule that operates at a different address than the company.

(4) 915.4 Individual and provisional individual certification. Upon satisfactory application and examination pursuant to paragraph’s (O)(6)( 915.6 ) and (O)(7) (915.7) of this rule, the state fire marshal may certify any individual or provisional individual to service, test, repair or install fire protection or fire fighting equipment in the following categories:

(a) Automatic sprinkler and standpipe systems;

(b) Fire service mains and water tanks;

Exception: Excavation and earth moving equipment operators are not required to be certified in this category provided the work they perform to meet the requirements of NFPA 22 and 24 is conducted under the direct supervision and active direction of an individual certified in this category (who remains on site while the work is performed.)

(c) Fire pumps;

(d) Fire alarm and detection equipment;

(e) Household fire warning equipment only;

(f) Portable fire extinguishers;

(g) Engineered extinguishing equipment other than water;

(h) Pre-engineered extinguishing equipment other than water;

(i) Fire pump diesel technician;

(j) Aerosol extinguishing equipment; or

75 (k) Such other categories as deemed necessary by the state fire marshal.

(5) 915.5 "Satisfactory application" includes, but is not limited to:

(a) The provision to the state fire marshal of all information requested by the fire marshal or required by this rule;

(b) The provision to the state fire marshal of documentation describing the applicant's recent work history relating to fire protection installer work or similar construction trade experience including, upon request of the state fire marshal, evidence that any work performed was completed with certified individuals and in compliance with the applicable codes.

(c) 915.5.1 If the state fire marshal has obtained evidence that the applicant, within two years prior to the date of examination, engaged in unauthorized fire protection installer work, the state fire marshal may deny the application. If the state fire marshal has obtained evidence that a renewal applicant, within two years of the date of renewal application, has engaged in fire protection installer work performed in violation of the applicable codes, the state fire marshal may deny the renewal application. No evidence has been obtained by the state fire marshal demonstrating that, within the two years prior to the date of examination, or in the case of a renewal of certification, within two years prior to the date of application, the applicant has not engaged in unauthorized fire protection installer work or fire protection installer work performed in violation of the applicable codes.

(6) 915.6 Those seeking certification to work on a particular engineered or pre-engineered system must show at least one of the following:

(a) Proof from the manufacturer of training or approval to work on the manufacturer's engineered or pre-engineered system; or

(b) Documentation demonstrating that Tthe applicant must have has witnessed the code compliant installation of ten engineered or pre-engineered systems within two years immediately prior to making application. and provide The documentation shall include the listing license number of individual performing such installation, type of system, date and location of installation.

(7) 915.7 Except for provisional individuals, the state fire marshal shall require all applicants to obtain a passing grade of at least seventy per cent on a fire protection installer examination administered by the state fire marshal prior to certification. The state fire marshal may administer the examination by procuring or engaging a third party to provide testing services. Fees for the examination may be assessed.

(8) 915.8 An individual may only work in those categories for which he has been certified pursuant to paragraph (O)(4)( 915.4 ) of this rule.

(9)915.9 An individual must be a company certified pursuant to paragraph (O)(4)( 915.4 ) of this rule or must be associated with a certified company when such individual engages in the business of servicing, testing, repairing or installing fire protection or fire fighting equipment for profit.

(10) 915.10 Individuals may only work on those particular engineered or pre-engineered systems for which the individual has recent experience or education to show competence and has provided documentation thereof to the state fire marshal. Individuals may only engage in the servicing,

76 testing, or repairing of any fire protection or fire fighting equipment if they are knowledgeable and experienced in the testing, maintenance and servicing requirements of the equipment and of the testing, servicing or maintenance methods of the equipment being worked on. Entities who engage persons to work on engineered or pre-engineered systems or to test, service, repair or provide maintenance on any fire protection or fire fighting equipment shall only engage competent and qualified individuals for the work.

(11) 915.11 Every certified individual shall carry the certificate issued pursuant to paragraph (O)(915) of this rule on their person while engaging in the business of servicing, testing, repairing or installing fire protection or fire fighting equipment for profit and produce the certificate for inspection upon request by the fire code official.

(12) 915.12 A provisional individual must be supervised by a certified individual at all times such provisional individual is engaging in work requiring certification. The certified individual directly supervising the individual issued the provisional certificate shall only supervise one provisional certificate holder while engaging in work requiring certification. The certified individual directly supervising the provisional certificate holder shall possess a valid and current certificate for the certification category of the work being performed.

(13) 915.13 Applications for certification and renewals shall be made on forms provided by the state fire marshal. All applications and renewals shall be accompanied by the appropriate fee, to be made payable to "Treasurer, State of Ohio."

(14) 915.14 Original application for certification and renewal of an individual or provisional individual shall, at a minimum, include the following:

(a) Name of applicant;

(b) Categories for which applicant is seeking certification;

(c) If a non-resident of Ohio, an irrevocable consent to legal service in Ohio (needed for original application only);

(d) If for a provisional individual, a copy of the indenture agreement;

(e) Documentation describing the applicant's recent work history relating to fire protection installer work or similar construction trade experience; and

(f) All Any other information requested by the state fire marshal.

(15) 915.15 Fees for an individual or provisional certification shall be as follows:

(a) Original application of an individual or provisional individual shall be fifty thirty-five dollars for each category for which certification is sought;

(i)The application does not include examination fees which may be assessed pursuant to paragraph 915.7 of this rule.

(b) Renewal of an individual or provisional individual shall be forty dollars;

(i) All renewal applications not submitted prior to the date of expiration shall be subject to a late fee of ten per cent of the assessed renewal fee.

77 (c) An application for a duplicate license shall be made in writing to the state fire marshal. The application for a duplicate license shall be accompanied by a ten dollar fee.

(16) 915.16 Applications for renewal must be received by the state fire marshal prior to the expiration date. Individual certification licenses and company certification of an individual operating alone expire in accordance with the following schedule:

(a) Last name beginning with "a-g" on January second of each year;

(b) Last name beginning with "h-m" on April first of each year;

(c) Last name beginning with "n-s" on July first of each year;

(d) Last name beginning with "t-z" on October first of each year.

(17) 915.17 Upon expiration of certification for a period exceeding sixty days, all applications for renewal will be considered as a new application and the applicant shall be required to pass a fire protection installer examination administered by the state fire marshal prior to certification.

(18) 915.18 Upon satisfactory application, the state fire marshal may certify any company to engage in the business of servicing, testing, repairing, and installing fire protection and fire fighting equipment. A company certification authorizes a company to engage in fire protection installer work requiring certification throughout its employees only for those fire protection installer categories for which its employees are certified pursuant to this rule.

(19) 915.19 Original application for certification and renewal of a company shall, at a minimum, include the following:

(a) Name of applicant;

(b) The primary business address of the company;

(c) Names of all persons responsible for the normal operations of the company (e.g., officers of the corporation, partners, etc.);

(d) Proof of liability insurance or bonding in an amount of at least fifty thousand dollars for completion and/or performance purposes;

(e) If a non-resident, an irrevocable consent to legal service in Ohio (needed for original application only); and

(f) All Any other information requested by the state fire marshal.

(20) 915.20 Fees for a company certification shall be as follows:

(a) Original application of a company shall be two hundred dollars, except that an individual operating as a company shall not be required to pay such a fee of fifty dollars.

(b) Renewal of a company shall be one hundred fifty dollars, except that an individual operating as a company shall not be required to pay a such fee of twenty-five dollars. All renewal applications not submitted prior to the date of expiration, shall be subject to a late fee of ten

78 per cent of the assessed renewal fee pay new application fees in accordance with (a) of this section.

(c) An application for a duplicate license shall be made in writing to the state fire marshal. The application for a duplicate license shall be accompanied by a ten-dollar fee.

(d) The original application for a company branch certificate shall be made in writing to the state fire marshal. The application fee for a company branch certificate shall be ten dollars per company branch certificate.

915.20.1 Company branches (a) A company branch certificate status is contingent upon the status of the company and shall only operate if the company maintains a valid certificate. (b) A branch is not required to pay renewal fees separate from the company. A company branch certificate is automatically renewed upon the satisfactory and approved renewal of the company unless otherwise indicated in writing by the company. (c) The company is responsible for any fire protection installation or fire fighting equipment business conducted out of or in association with a company branch.

(21) 915.21 All company certification licenses expire June thirtieth of each year. Renewal shall be pursuant to standard renewal procedure. Upon expiration of certification, all applications for renewal received by the state fire marshal thereafter shall be considered as a new application and the company applicant shall pay new application fees in accordance with paragraph 915.20 of this rule.

(22) 915.22 Any certified individual or certified company that changes the it’s primary mailing address as previously filed with the state fire marshal or that experiences expiration of required insurance coverage, shall submit written notification of such change of address or insurance expiration to the state fire marshal within thirty days of the change of address or insurance expiration. A certified company or the company branch shall submit written notification to the state fire marshal of a company branch office's address change or closure within thirty days of such change or closure.

(23) 915.23 An application for any certificate issued pursuant to paragraph (O)(915) of this rule may be denied, or a certificate issued pursuant to paragraph (O)(915) of this rule may be suspended or revoked, for cause by the state fire marshal. Denial, suspension or revocation for cause includes, but is not limited to, any of the following reasons:

(a) For knowingly violating committing an act that violates any provision of the "Ohio Building Code, " the "Ohio Fire Code," or the Revised Code;

(b) For engaging in or permitting a person to engage in activity requiring certification, but for which activity the person is not certified;

(c) For gross negligence or gross incompetence;

(d) For knowingly making any misrepresentation or false promise, or for dishonest or illegal dealing;

(e) For a continued course of misrepresentation or the making of false promises individually, through employees or agents, through advertising, or otherwise;

(f) For failure to notify the state fire marshal of a change of primary mailing address;

79 (g) In the case of a company, for failure to maintain the liability insurance or bonding in an amount of at least fifty thousand dollars for completion and/or performance purposes;

(h) In the case of a provisional individual, for failure to complete the apprenticeship program or failure to maintain enrollment in the apprenticeship training program; or

(i) In the case of a company, for failure to notify the state fire marshal upon expiration of the required insurance coverage or of any changes to the information required by paragraph (O)(22)( 915.22 ) of this rule or for failure to provide satisfactory evidence documenting such changes to the required information.

(24) 915.24 The state fire marshal shall comply with the provisions of Chapter 119. of the Revised Code whenever denying, suspending or revoking a certificate pursuant to paragraph (O)(23)(915.23) of this rule.

(25) 915.25 No person who has been denied certification, or whose certification is under suspension or revocation of certificate pursuant to paragraph (O)(23)(915.23) of this rule, may be associated with any company certified pursuant to paragraph (O)(915) of this rule.

(26) 915.26 If an application for certification is denied, or if a certification issued pursuant to paragraph (O)(915) of this rule is suspended or revoked, the company, company branch, or individual shall immediately cease engaging in the business of servicing, testing, repairing or installing fire protection or fire fighting equipment for profit. If a certification is denied, suspended or revoked, that company or a company that had it's certification denied, suspended or revoked, or an individual who had their certification denied, suspended or revoked, may not reapply for certification pursuant to paragraph (O)(915) of this rule until the suspension is lifted or until two years expire from the date of denial or revocation of certification. Exception: A company that had it’s certification denied or an individual who had their certification denied solely for failure to submit a complete application, may reapply for certification pursuant to paragraph (O)(915) of this rule without waiting for two years to expire from the date of denial of certification Statement of Problem: “Company branches” are becoming a more prevalent business model for larger fire protection companies. It is imperative that the SFM be aware of the locations out of which certified individuals operate. Language is being proposed to define a company branch and to address certification of such branches. Fees for branch certifications are also established. See 915.20(d). The processing of a company branch certification is equal to that of the parent company. Thus, this nominal fee ($10) will cover the administrative costs associated with processing, but will not be unduly burdensome on companies. New language is also proposed for section 915.20.1 to clarify the status of company branches and to clearly set forth that branch certification is contingent upon the status of the company certificate. Proposed changes at section 915.5.1 (previously 915.5(c)) will provide the SFM discretion to deny a certification application or renewal application if an individual has engaged in unauthorized fire protection installer work within the two years prior to the application. Previously, if there was evidence of unauthorized activity, the certification application or renewal application was deemed unnecessary and a license would not issue. Amending the provision to allow discretion will meet the goal of the SFM, which is compliance with the certification standards. Proposed changes at section 915.7 will authorize the SFM/T&R to use third party testing vendors to administer the examination of fire protection installers. Currently, SFM/T&R administers the examination at various locations throughout the state using significant resources and time. The use of third party vendors will eliminate this expenditure and will also provide a more convenient and readily available method by which applicants may test.

80 Proposed new language at section 915.10 will clarify current requirements in the code. Individuals who engage in fire protection installer work or who service, test, or repair fire protection and fire fighting equipment for profit must be certified. However, those individuals that engage in such work not for profit must also be qualified and competent to engage in the work and must perform the work pursuant to the applicable standards and testing methods. The proposed new language makes this clear. Proposed changes at section 915.15(a) will alter current fees for individual or provisional certification. Historically, the original application fees for certification was $50 and T&R provided individuals two examination attempts for that fee. However, that practice created significant additional follow-up work for T&R and was modified in April 2016. Now, in practice, the application fee is $35, which includes the testing fee. However, if an applicant does not pass the test and has to re-test, they will be charged a fee of $35 for the re-test and every additional attempt thereafter. Most applicants pass certification on the first attempt and will thus receive a decrease in fees (and will not be off-setting costs of additional examinations they will not take). Thus, the new policy as implemented saves most applicants money. The propose OFC change will reflect the new policy and practice. Proposed changes at sections 915.15(b) and 915.17 will eliminate late fees for individual renewal applications. The current late fee (10% of the renewal fee, or $4) does not act as a deterrent for the late submission of a renewal application and requires significant time and resources for collection. However, all applications for renewal received after the expiration of the current certification will be considered new applications and the late applicant will be required to pay the fee for a new application and to pass the fire protection installer examination prior to certification. Proposed changes at section 915.20 will restructure fees for company certification. Original company certification application fees will remain $200; likewise, company renewal application fees will remain $150. However, original certification fees and renewal application fees for individuals operating as a company are proposed. Applications for individuals operating as a company require the same resources to process as company certification applications; however, the individual must also pay for their individual certification application or renewal. Therefore, fees for individuals operating as a company are reduced to recognize that the sole proprietor has already paid for their individual application, but will still cover the administrative costs associate with processing the application. As will individual certification, late fees will be eliminated. However, applications not received prior to the date of expiration will be deemed new applications and subject to new application fees. The current late fee (10% of the renewal fee, or $15) does not act as a deterrent for the late submission of renewal applications and requires significant time and resources for collection. Renewal applications for company certification expire June 30th of each year. Proposed new language provides that renewal applications received after the expiration of the license will (like with individual applications) be considered as new applications and the applicant will be required to pay new application fees. This will provide greater consistency between the licenses and will improve administration and processing of the applications. Providing a fire expiration date and renewal deadline will also encourage companies to timely renew. Proposed language at section 915.22 to require a branch company change of address or closure notification to the SFM within a timely period (30 days) will ensure the that the SFM is on notice of all locations out of which the company operated. This is also consistent with notification of change of address information for a company. Proposed amended language at section 915.23 clarifies the state of the law and makes the provision clearer and less misleading. An applicant for certification may be denied certification for actions that violate the OFC, the Ohio Building Code or the Ohio Revised Code. The denial does not require that the individual knew their actions violated the law, but rather that the individual knew that they were engaging in the actions.

81 Current OFC provisions provide that a company or individual that is subject to a denial, suspension, or revocation of their certification cannot reapply for certification for a period of two years. Proposed new language at section 915.26 would allow companies and individuals who were subjected to a denial, suspension or revocation solely based upon a failure to provide required paperwork, to reapply for certification without waiting the two-year period. Editorial and non-substantive clarifying corrections are proposed at sections 915.4, 915.5(b), 915.6(b), 915.8, 915.18, 915.19(f), 915.22, 915.23(f), 915.25, and 915.26. Committee Reason: For all of the reasons stated above, Petition 87 is APPROVED. However, due to the inclusion of other changes, the provisions will be located at section 916, rather than 915 as proposed. Petition ID: 88 Committee Action: Approved Submitter: SFM/CEB OFC Sections: 3301.2.5 (5601.2.5) Proposed Change: Revise OFC section 3301.2.5 (which will be located at 5601.2.5 in 2017 OFC) as follows: 3301.2.5 (now 5601.2.5) Financial responsibility. Before a permit for the storage of explosives or explosive materials is issued, as required by paragraph (A)(2)(5601.2) of this rule, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $100,000, or for the manufacture or processing of explosives or explosive materials, a corporate surety bond in the principal sum of $1,000,000, or a public liability insurance policy for the same amount amounts, for the purpose of the payment of all damages to persons or property that arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities shall be exempt from this bond requirement. Statement of Problem: The proposed update clarifies the language in the rule and more clearly states the different types and amounts of financial responsibility that must be provided and for what activity. Committee Reason: Petition 88 is APPROVED. The language does not change the requirements but clarifies the prior language and more clearly sets forth bond requirements and amounts. Petition ID: 89 Committee Action: Approved Submitter: SFM/CEB OFC Sections: 3404.1.2 Proposed Change: Revise OFC section 3404.1.2 (which will be located in Rule 57 in 2017 OFC) to address fencing requirements for above ground storage tanks as follows: 3404.1.2 Security. Storage, dispensing, use and handling shall be secured against unauthorized entry and safeguarded against public access. Aboveground tanks that are not enclosed in vaults shall be enclosed by a chain link fence, as listed below, at least 6 feet (1.8 m) high. The fence shall be separated from the tanks by at least 3 feet (0.9 m) and shall have a gate that is secured against unauthorized entry and shall either be: (a) Chain link or other non-combustible material, spaced at a minimum of three (3) feet from the tank on all sides; or (b) Fire-retardant coated wood or other fire-retardant combustible material, spaced at a minimum of six (6) feet from the tank on all sides. No gaps shall be more than three (3) inches in width. Exception: Listed, lockable engine mounted tanks that are connected to stationary pieces of equipment shall not be required to be enclosed in vaults or to have fencing if all of the following apply: 1. The tank has a capacity of 500 gallons or less; and 2. The equipment remains locked at all times unless the equipment is being serviced or the tank is being filled; and

82 3. All other provisions or this code, including other security provisions such as vehicle protection, are complied with. Statement of Problem: Given the numerous types of fencing materials that are available and provide a like measure of safety to chain link fencing, it is incongruous to only allow chain link fencing to be utilized. Due to inconsistencies in how codes have been applied, the elimination of fencing requirements for certain engine mounted tanks is designed to streamline requirements between the OFC and other codes. Since the SFM is not aware of tampering issues with regard to these small engine mounted tanks, the elimination of the fencing requirement for them, which is cumbersome to facility owners from both an economic and aesthetic standpoint, is not likely to compromise the health and safety of the public. Committee Reason: Petition 89 is APPROVED. The proposed change permits the use of alternate material for tank enclosure when such alternate is approved by the local fire code official and is warranted given the number of different types of fencing materials that are on the market that would provide an equivalent measure of safety and security. In addition, the above language eliminates fencing requirements for small capacity sub-base generator tanks. Fencing requirements have consistently been an issue for facilities and requests for variances from this provision are routinely sought. Since the SFM is not aware of tampering issues with regards to these small capacity sub-base generator tanks, the elimination of the fencing requirement for them, which is cumbersome to facility owners from both an economic and aesthetic standpoint, is not likely to compromise the health and safety of the public. [NOTE: See also Petitions 86 and 98 for changes to permitting requirements regarding sub-base engine mounted tanks.] [NOTE: OFC section 3404.1.2 will be relocated in the 2017 OFC to Rule 57 in accordance with the adoption and incorporation of the 2015 IFC as set forth in Petition 1.] Petition ID: 90 Committee Action: Approved Submitter: SFM/CEB OFC Sections: Rule 2/Section 319 Proposed Change: Add a definition of “Mobile food unit” to Rule 2, and add a new section to the OFC to address safety measures for mobile food units as follows:

“Mobile food unit.” Any apparatus or equipment that is used to cook, prepare or serve food, and that routinely changes or can change location and is operated from a movable vehicle or apparatus, including but not limited to motorized vehicles, trailers, and hand propelled carts.

(S) SECTION 319 MOBILE FOOD UNITS (1) 319.1 Scope. This section applies to all mobile food units operated within this state. (2) 319.2 General. In addition to other applicable provisions of this code, all mobile food units being operated in this state shall comply with the provisions of this section and with all applicable provisions of this code for the type of cooking performed. (a) 319.2.1 Obstruction of fire lanes and equipment. Mobile food units shall not block fire lanes, fire hydrants, or other fire protection devices and equipment. (b) 319.2.2 Operation of fuel source during transit. LP-gas fueled equipment shall not be operated during transit unless the equipment meets both of the following: 1. The equipment is designed to be in operation while the vehicle is in transit, such as cargo heaters or coolers; and 2. There is a means installed to stop the flow of gas in the event of a line break, such as an excess flow valve.

83 (c) 319.2.3 Carbon monoxide detection. All mobile food units shall be equipped with at least one listed carbon monoxide detection devices. Exception. Carbon monoxide detectors shall not be required in open air hand propelled carts. (3) 319.3 Portable fire extinguishers. All mobile food units shall have a minimum of one 5-pound ABC portable fire extinguisher located within the unit and readily accessible by the operator of the unit. (a) 319.3.1 Class K portable fire extinguishers. In addition to the portable fire extinguisher required in paragraph (a) of this section, all mobile food units that contain cooking equipment involving solid fuels or vegetable or animal oils and fats shall also be protected by at least one Class K rated portable fire extinguisher in accordance with paragraphs (D)(11)(e)(904.11.5) to (D)(11)(e)(ii)(904.11.5.2 ) of rule 1301:7-7-09 of the Administrative Code. (b) 319.3.2 Installation and maintenance. All portable fire extinguishers located within or at a mobile food unit shall be installed, serviced, tested, inspected, and maintained in accordance with section 906 of this code. (4) 319.4 Egress. All mobile food units that operate commercial cooking equipment shall have two accessible means of egress remotely located from each other. (a) 319.4.1. No means of egress required by this section shall be smaller than 5.7 square feet. (5) 319.5 Smoking. Smoking shall be prohibited inside of and within 10 feet of any mobile food unit that has any fuel source other than the vehicle fuel tank. (a) 319.5.1 “No smoking” signs shall be consciously posted inside each mobile food unit, outside each mobile food unit in the vicinity of any location where compressed gas is stored or kept, and in a location that is visible to the public. (b) 319.5.2 “No smoking” signs shall be in English, shall have a dark background, and shall have lettering in a contrasting color that is at least 4 inches tall and with a minimum brush stroke width of 1 inch. (6) 319.6 LP-Gas. The storage, use and handling of LP-Gas in a mobile food unit shall comply with this rule and, except as otherwise provided herein, shall also comply with rules 1301:7-7-30, 1301:7-7-34, 1301:7-7-35, and 1301:7-7-38 of the Administrative Code. (a) 319.6.1 Containers. Only ASME mobile LP-Gas containers in compliance with the following shall be used: 1. A maximum allowable working pressure (MAWP) of 312 psi (2.2 MPag) or higher for LP- Gas containers installed in the enclosed spaces of a vehicle. 2. A maximum allowable working pressure (MAWP) of 250 psi (2.2 MPag) or higher for LP- Gas containers installed on the exterior of a vehicle. 3. Propane tanks must be kept in a secure manner at all times. 4. The maximum aggregate capacity of containers used in a mobile food unit to contain LP- Gas shall not exceed 200 gallons (0.8 mᶾ) aggregate water capacity.

(b) 319.6.2 Location and installation. Supply systems for mobile food units shall comply with the following: 1. LP-Gas supply systems used for a mobile food unit, including the containers, shall be installed either on the outside of the vehicle or in a recess or cabinet that is vaportight to the inside of the vehicle but accessible from and vented to the outside, with the vents located near the top and bottom of the enclosure and 1 m (3 ft) horizontally away from any opening into the vehicle and below the level of the vents. 2. LP-Gas containers shall be mounted securely on the vehicle or within the enclosing recess or cabinet, shall be kept in a secure manner at all times, and shall comply with the following:

84 i. Cylinders shall be located to minimize exposure to excessive temperature rises, physical damage, or tampering. ii. Vehicle mounted propane tanks shall be mounted with minimum 36” clearance from the bottom of the tank to the ground when secured to the vehicle. iii. LP-Gas containers shall not be installed on the roof of the vehicle. iv. Where LP-Gas containers are mounted within the vehicle housing, the housing shall be secure to the vehicle and any removable portions of the housing shall be secured to the housing while in transit. v. All LP-Gas container valves, appurtenances, and connections shall be protected to prevent damage from accidental contact with stationary objects, loose objects, stones, mud, or ice thrown, up from the ground or floor, and damage due to overturn or similar vehicular accident. vi. LP-Gas cylinders shall have permanent protection for cylinder valves and connections. vii. Where LP-Gas cylinders are located on the outside of a vehicle, weather protection shall be provided. (c) 319.6.3 Piping. On or before, but no later than, December 31, 2018, all piping used in a mobile food unit shall comply with the following: 1. Piping shall be installed in accordance with 6.9.3 of NFPA 58 as listed in rule 1301:7-7-80 of the Administrative Code. 2. Steel tubing shall have a minimum wall thickness of 1.2 mm (0.049 in.). 3. A flexible connector shall be installed between the regulator outlet and the fixed piping system to protect against expansion, contraction, jarring, and vibration strains. 4. Flexibility shall be provided in the piping between a cylinder and the gas piping system or regulator. 5. Flexible connectors shall be installed in accordance with 6.9.6 of NFPA 58 as listed in rule 1301:7-7-80 of the Administrative Code. 6. Flexible connectors longer than the length allowed in the code, or fuel lines that incorporate hose, shall be used only where approved. 7. The fixed piping system shall be designed, installed, supported, and secured to minimize the possibly of damage due to vibration, strains, or wear and to preclude any loosening while in transit. 8. Piping shall be installed in a protected location. i. Where piping is installed outside the vehicle, piping shall be under the vehicle and below any insulation or false bottom. ii. Fastening or other protection shall be installed to prevent damage due to vibration or abrasion. iii. At each point where piping passes through sheet metal or a structural member, a rubber grommet or equivalent protection shall be installed to prevent chafing. 9. Gas piping shall be installed to enter the vehicle through the floor directly beneath or adjacent to the appliance served. 10. If a branch line is installed, the tee connection shall be located in the main gas line under the floor and outside the vehicle. 11. Exposed parts of the fixed piping system shall be of corrosion-resistant material or shall be coated or protected to minimize exterior corrosion. 12. Hydrostatic relief valves shall be installed in isolated sections of liquid piping in accordance with Section 6.13 of NFPA 58 as listed in rule 1301:7-7-80 of the Administrative Code.

85 13. Piping systems, including hose, shall be pressure tested and proven free of leaks in accordance with Section 6.14 of NPFA 58 as listed in rule 1301:7-7-80 of the Administrative Code. (d) 319.6.4 Emergency shut off controls. Mobile food units using LP-Gas shall be provided with readily distinguishable and accessible marked exterior emergency shut-off controls with a quarter-turn manual gas ball valve. i. 319.6.4.1 Signage. Signs shall be permanently mounted at the location of the emergency shut off controls and shall state:

“EMERGENCY GAS SHUT-OFF VALVE”

(a) 319.6.4.1.1 Signs shall be clearly visible and shall remain unobscured at all times. Signs shall be weather resistant, of contrasting colors, and shall be readable from a minimum distance of 25’.

(7) 319.7 Distance and separation requirements. While parked and in operation mobile food units, exclusive of awnings and appurtenances, using or containing a fuel source or generator other than the vehicle fuel tank shall be separated from the entrances and other exits of buildings or structures, combustible materials, vehicles and other cooking operations by a clear space distance of 10 feet (3 m). Exception: When approved by the local authority having jurisdiction, mobile food service operations using LP gas may be located at a distance of less than 10 feet from other mobile food units except that at no time shall a mobile food unit be closer than seven feet from other mobile food units. (8) 319.8 Generators. (a) 319.8.1 Generators servicing a mobile food unit shall not be fueled while the mobile food unit is in operation. (b) 319.8.2 Generators shall not be fueled while the generator is in use and shall not be fueled until the generator has been turned off and the surface temperature of the engine and fuel tank is below the autoignition temperature of the fuel. (c) 319.8.3 No generator shall be operated or used or fueled within the occupant space of a mobile food unit.

(9) 319.9 Wiring. Electrical wiring in mobile food unit shall comply with this section. (a) 319.9.1 All electrical equipment shall be installed in accordance with NFPA 70 as listed in rule 1301:7-7-80 of the Administrative Code. (b) 319.9.2 All electrical wiring shall be contained in exposed conduit in all mobile food units built, manufactured or altered on or after the effective date of this code Statement of Problem: Mobile food operations are a growing industry in Ohio and across the country. With regard to fire safety within the units being used to operate these businesses, very little regulation is in effect. Although there has not been an incident in Ohio there have been significant incidents in other states resulting in not only extensive property damage, but also loss of life. Due to the nature of the conditions present, including the use of flammable gases and open heat sources, basic fire safety regulations are warranted. Committee Reason: For the reasons stated above, Petition 90 is APPROVED. [Please note: Due to the insertion of other language with the incorporation of the 2015 IFC, the above language has been included in the 2017 OFC, but will be contained in Section 320, rather than section 319 as proposed.] Petition ID: 91 Committee Action: Approved

86 Submitter: SFM/CEB OFC Sections: 901.5 Proposed Change: Amend OFC sec. 901.5 to require acceptance testing be conducted in the presence of the installer of the equipment at follows:

901.5 Installation acceptance testing. Fire detection and alarm systems, fire-extinguishing systems, fire hydrant systems, fire standpipe systems, fire pump systems, private fire service mains and all other fire protection systems and appurtenances thereto shall be subject to acceptance tests as contained in the installation standards and as approved by the fire code official in accordance with this code and the building official in accordance with section 901.5 of the building code as listed in rule 1301:7-7-80 of the Administrative Code. 1. The fire code official shall be notified by the responsible person of any scheduled acceptance testing of a fire protection system not less than forty-eight hours prior to the occurrence of such acceptance test. Advanced notice of the test schedule shall be given to the building official in accordance with section 901.5 of the building code as listed in rule 1301:7-7-80 of the Administrative Code. 2. When required by the fire code official all acceptance testing shall be conducted in the presence of the fire code official. 3. When required by the FCO, all acceptance testing shall be conducted in the presence of the person who installed the equipment or, if it is not possible for the actual installer to be present, the acceptance testing shall be conducted in the presence of another qualified representative of the company that installed the equipment.

Statement of Problem: Often, installers are not present during acceptance testing. If issues are detected, the responsible person my then contact the installer, schedule a repair, and then reschedule the acceptance testing with the fire and building officials. Requiring the installer to be on site during the acceptance testing, will provide an opportunity for any issues to be corrected at that time and for the acceptance test to be completed without the necessity of everyone having to come back at a later time. Committee Reason: For the reasons stated above, Petition 91 is APPROVED. Petition ID: 92 Committee Action: Approved Submitter: SFM/CEB OFC Sections: Rule 2; 1008.1.9; 1008.1.9.3; 1008.1.9.5 Proposed Change: Amend OFC Rule 2 definitions to include ‘temporary locking device’ and to amend OFC secs. 1008.1.9, 1008.1.9.3, and 1008.1.9.5 to allow for the use of temporary door locking devices in schools when such devices are approved and used in accordance with relevant provisions of the Ohio Building Code, as follows:

“Temporary door locking device.” An assembly of parts intended to be engaged by a trained school staff member in a school building for the purpose of preventing both ingress and egress through a door in a school building for a finite period of time in an emergency situation and during active shooter drills. See Section 1010.4 of the building code as listed in rule 1301:7-7-80 of the Administrative Code.

1008.1.9 1010.1.9 Door operations. Except as specifically permitted by this paragraph egress doors shall be readily openable from the egress side without the use of a key or special knowledge or effort. Exception: A temporary door locking device that is approved by the building code official and noted on the certificate of occupancy in accordance with section 1010.4 of the building code as listed in rule 1301:7-7-80 of the Administrative Code, and that is used in accordance with section 1010.4.1 of the building code as listed in rule 1301:7-7-80 of the Administrative Code.

87 (i) [BE] 1008.1.9.1 1010.1.9.1 Hardware. Door handles, pulls, latches, locks and other operating devices on doors required to be accessible by Chapter 11 of the building code as listed in rule 1301:7- 7-80 of the Administrative Code shall not require tight grasping, tight pinching or twisting of the wrist to operate. Exception: A temporary door locking device that is approved by the building code official and noted on the certificate of occupancy in accordance with section 1010.4 of the building code as listed in rule 1301:7-7-80 of the Administrative Code, and that is used in accordance with section 1010.4.1 of the building code as listed in rule 1301:7-7-80 of the Administrative Code.

(ii) [BE] 1008.1.9.2 1010.1.9.2 Hardware height. Door handles, pulls, latches, locks and other operating devices shall be installed 34 inches (864 mm) minimum and 48 inches (1219 mm) maximum above the finished floor. Locks used only for security purposes and not used for normal operation are permitted at any height. Exception: Access doors or gates in barrier walls and fences protecting pools, spas and hot tubs shall be permitted to have operable parts of the release of latch on self-latching devices at 54 inches (1370 mm) maximum above the finished floor or ground, provided the self- latching devices are not also self-locking devices operated by means of a key, electronic opener or integral combination lock.

(iii) [BE] 1008.1.9.3 1010.1.9.3 Locks and latches. Locks and latches shall be permitted to prevent operation of doors where any of the following exist: (a) Places of detention or restraint. (b) In buildings in occupancy Group A having an occupant load of 300 or less, Groups B, F, M and S, and in places of religious worship, the main door or doors are permitted to be equipped with key-operated locking devices from the egress side provided: (i) The locking device is readily distinguishable as locked. (ii) A readily visible durable sign is posted on the egress side on or adjacent to the door stating: “THIS DOOR TO REMAIN UNLOCKED WHEN THIS SPACE IS OCCUPIED.” The sign shall be in letters 1 inch (25 mm) high on a contrasting background. (iii) The use of the key-operated locking device is revocable by the fire code official for due cause. (c) Where egress doors are used in pairs, approved automatic flush bolts shall be permitted to be used, provided that the door leaf having the automatic flush bolts does not have a doorknob or surface-mounted hardware. (d) Doors from individual dwelling or sleeping units of Group R occupancies having an occupant load of 10 or less are permitted to be equipped with a night latch, dead bolt or security chain, provided such devices are openable from the inside without the use of a key or tool. (e) Fire doors after the minimum elevated temperature has disabled the unlatching mechanism in accordance with listed fire door test procedures. (f) A temporary door locking device that is approved by the building code official and noted on the certificate of occupancy in accordance with section 1010.4 of the building code as listed in rule 1301:7-7-80 of the Administrative Code, and that is used in accordance with section 1010.4.1 of the building code as listed in rule 1301:7-7-80 of the Administrative Code.

(iv) [BE] 1008.1.9.4 1010.1.9.4 Bolt locks. Manually operated flush bolts or surface bolts are not permitted. Exceptions:

88 1. On doors not required for egress in individual dwelling units or sleeping units. 2. Where a pair of doors serves a storage or equipment room, manually operated edge- or surface-mounted bolts are permitted on the inactive leaf. 3. Where a pair of doors serves an occupant load of less than 50 persons in a Group B, F or S occupancy, manually operated edge- or surface-mounted bolts are permitted on the inactive leaf. The inactive leaf shall not contain doorknobs, panic bars or similar operating hardware. 4. Where a pair of doors serves a Group B, F or S occupancy, manually operated edge- or surface-mounted bolts are permitted on the inactive leaf provided such inactive leaf is not needed to meet egress capacity requirements and the building is equipped throughout with an automatic sprinkler system in accordance with paragraph (C)(3)(a)(i)(903.3.1.1) of rule 1301:7-7-09 of the Administrative Code. The inactive leaf shall not contain doorknobs, panic bars or similar operating hardware. 5. Where a pair of doors serves patient care rooms in Group I-2 occupancies, self latching edge- or surface-mounted bolts are permitted on the inactive leaf provided that the inactive leaf is not needed to meet egress capacity requirements and the inactive leaf shall not contain doorknobs, panic bars or similar operating hardware.

(v) [BE] 1008.1.9.5 1010.1.9.5 Unlatching. The unlatching of any door or leaf shall not require more than one operation. Exceptions: 1. Places of detention or restraint. 2. Where manually operated bolt locks are permitted by paragraph (J)(1)(i)(iv)(1010.1.9.4) of this rule. 3. Doors with automatic flush bolts as permitted by paragraph (J)(1)(i)(iii)(1010.1.9.3), item 3 of this rule. 4. Doors from individual dwelling units and sleeping units of Group R occupancies as permitted by paragraph (J)(1)(i)(iii)(1010.1.9.3), item 4 of this rule. 5. A temporary door locking device that is approved by the building code official and noted on the certificate of occupancy in accordance with section 1010.4 of the building code as listed in rule 1301:7-7-80 of the Administrative Code, and that is used in accordance with section 1010.4.1 of the building code as listed in rule 1301:7-7-80 of the Administrative Code.

(a) [BE] 1008.1.9.5.1 1010.1.9.5.1 Closet and bathroom doors in Group R-4 occupancies. In Group I-1 and Group R-4 occupancies, closet doors that latch in the closed position shall be operable from inside the closet, and bathroom doors that latch in the closed position shall be capable of being unlocked from the ingress side. Statement of Problem: The proposed language is necessary to update the OFC to incorporate recent changes to the Ohio Revised Code regarding the use of temporary locking devices in E occupancies. The proposed language also adds a definition of ‘temporary locking device’ to the OFC as included in the OBC. Committee Reason: Petition 92 is APPROVED. The proposed language is necessary to update the OFC to incorporate changes to the R.C. regarding the use of temporary locking devices in E occupancies. The OFC change does not require any equipment to be installed; it only amends the OFC to permit the use of temporary locking devices – should a school elect to use them – in keeping with recently enacted provisions of the R.C. The language also states that such devices may only be used if approved and used in accordance with the rules adopted by the OBBS. A definition of ‘temporary locking device,’ as included in the OBC, has also been incorporated into the OFC.

89 Petition ID: 93 Committee Action: Denied Submitter: Dave Belcher, Violet Township Fire Department OFC Sections: OFC 315 or OFC 504 Proposed Change: Add language to either OFC 315 or OFC 504 to set minimum dimensions for attic access in commercial structures, setting the minimum rough opening at 24” by 36”. Statement of Problem: the code does not address dimensions for commercial buildings. Committee Reason: Petition 93 is DENIED. The proposed language would constitute a construction provision and should more appropriately be first submitted for consideration to the OBBS as a request for a change to the OBC. Petition ID: 94 Committee Action: Approved Submitter: SFM/CEB OFC Sections: 3315.6 Other OFC Sections: 3301.2.6 Proposed Change: Harmonize OFC sec. 3315.6 (to be R. 56) with the R.C. by editing sec. 3315.6 as follows: OFC 3315.6 Issuance, denial or revocation. The state fire marshal shall not issue an initial or renewal license, permit or registration authorized by Chapter 3743. of the Revised Code, if the applicant for the license or permit, or any individual holding, owning, or controlling a five per cent or greater beneficial or equity interest in the applicant for the license or permit, has been convicted of or pleaded guilty to, after June 30, 1997, a felony under the laws of this state, another state, or the United States. Statement of Problem: The addition of the proposed language will harmonize the OFC with the R.C. and will accurately reflect practice and policy of the SFM, which has been, in compliance with the R.C. provisions, to not issue renewal licenses, permits or registrations to applicants who have been convicted of a felony. Committee Reason: For the reasons stated above, Petition 94 is APPROVED. Petition ID: 95 Committee Action: Approved Submitter: SFM/CEB OFC Sections: 507.1; 507.5.4; 509.2 Proposed Change: Amend OFC sec. 507.1, sec. 507.5.4 and sec. 509.2 to ensure unobstructed access to fire protection equipment and water supplies. Proposed revised language is as follows:

507.1 Required water supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings, or portions of buildings are hereafter constructed or moved into or within the jurisdiction. 507.1.1 Unobstructed access to water supplies shall be maintained at all times and fire department access to existing water supplies shall not be hindered in any manner. 507.5.4 Obstruction. Unobstructed access to fire hydrants and fire protection equipment shall be maintained at all times. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. 509.2 Equipment access. Approved access shall be provided and maintained for all fire protection equipment to permit immediate safe operation and maintenance of such equipment. Unobstructed access to fire protection equipment shall be maintained at all times. Storage, trash and other materials or objects shall not be placed or kept in such a manner that would prevent such equipment from being readily accessible. Statement of Problem: The above revised language does not substantively change the provisions of the OFC, but clarifies that unobstructed access is required for hydrants and fire protection equipment. Committee Reason: For the reasons stated above, Petition 95 is APPROVED. Petition ID: 96 Committee Action: Approved Submitter: SFM/T&R OFC Sections: sec. 118

90 Proposed Change: Amend OFC sec. 118 to update rules regarding hotel licensure as follows:

(R) Section 118 Hotel and SRO facility license

(1) 118.1 License to operate a hotel or SRO facility. For those facilities defined as a hotel or SRO facility in section 3731.01 of the Revised Code, the issuance of a license shall be contingent upon compliance with Chapter 3731. of the Revised Code and rules adopted pursuant to section 3731.02 of the Revised Code.

118.1.1 As required by section 3731.03(D) of the Revised Code, all hotel and SRO licenses shall expire on the last day of December of each year. All applications to renew a license to operate a hotel shall be submitted to the state fire marshal in accordance with this paragraph.

118.1.2 If any owner, operator, or responsible person in control of a hotel or SRO facility licensed pursuant to Chapter 3731. of the Revised Code and this section is convicted of lewdness, assignation or prostitution, or an offense which constitutes a felony violation of chapter 2925. or chapter 3719. of the Revised Code, or if any finding of nuisance is issued by a court of competent jurisdiction against a hotel or SRO facility, or against the owner, operator, or responsible person, or against the property upon which the facility is located and the conduct resulting in the conviction or finding occurred on a licensed premises, the owner, operator, or responsible person shall notify the state fire marshal of the conviction or finding in writing by submitting a copy of the judgment entry to the state fire marshal within 60 days of the conviction or finding, or upon submission of a license renewal application, whichever is earlier.

(2) 118.2 Definitions. The following words and terms shall for the purposes of this paragraph, have the meanings shown herein.

"Agricultural labor camp." Means camps as defined in section 3733.41 of the Revised Code.

"Apartment house." Means occupancies subject to Chapter 5321. of the Revised Code.

"Approved." Accepted by the fire code official as evidenced by documentation.

"Boarding, lodging, rooming house." A building arranged or used (for stays) where rooms are offered for compensation, with or without meals, and not occupied as a single family unit.

"Constantly attended location." As used in paragraph (R)(118) of this rule, a location within a licensed hotel/SRO facility that is manned/occupied by hotel/SRO facility staff on a 24-hour basis. An example of such a location would be the registration desk.

"Cooking devices." Any cooking appliance other than those listed as safe for residential use as defined below.

"Cooking device listed as safe for residential use." Microwave oven or coffee pot or similar item as established by the state fire marshal.

"Dwelling unit." A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

91 "Dwelling unit features." Provisions for living, sleeping, eating, cooking and sanitation.

"Efficiency unit." A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

"Emergency egress routes/Escape routes." As used in paragraph (R)(118) of this rule, a floor plan with arrows indicating the primary and secondary path to an exit.

"Extended stay hotel." Any structure consisting of one or more buildings, with more than five sleeping rooms, that is specifically constructed, kept, used, maintained, advertised, and held out to the public to be a place where temporary residence is offered for pay to persons, including, but not limited to, an extended stay hotel or extended stay motel that is specifically constructed and approved by the building official having jurisdiction over it, through a valid certificate of occupancy, and by the state fire marshal, for extended stay temporary residence by persons, and that contains six or more dwelling units with provision for living, eating, cooking, sanitation, and sleeping. The licensure category shall also include a hotel that contains both transient and extended stay rooms where the use of all such rooms is identified and approved in accordance with this rule.

"Guestroom." A room offered to the public for a fee that contains, at a minimum, provisions for sleeping.

"[Hospital/college] Dormitory." A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group, under joint occupancy and single management, as in college dormitories or fraternity houses.

"Hotel." Any structure consisting of one or more buildings, with more than five sleeping rooms, that is kept, used, maintained, advertised, or held out to the public to be a place where sleeping accommodations are offered for pay to transient guests for a period of thirty days or less, including but not limited to, such a structure denoted as a hotel, motel, motor hotel, lodge, motor lodge, bed and breakfast, or inn. The licensure category for such structures shall be transient hotel. A "hotel" means a transient, extended stay hotel, or residential hotel. "Hotel" includes any structure consisting of one or more buildings containing any combination of more than five guestrooms that are each approved by the building code official having jurisdiction and the state fire marshal as meeting the requirements for transient sleeping rooms or extended stay temporary residence dwelling units, or as having features of such sleeping rooms and dwelling units within the same room, and such structure is specifically constructed, kept, used, maintained, advertised, and held out to the public to be a place where transient sleeping accommodations or temporary residence is offered for pay to persons, but such structure does not otherwise meet the definition of a transient hotel or an extended stay hotel as defined in this section. “Hotel” includes a hotel, motel, motor hotel, lodge, motor lodge, bed and breakfast, or inn. "Hotel" does not include agricultural labor camps, apartment houses, apartments or other similar places of permanent personal residence, lodging houses, rooming houses, or hospital or college dormitories.

"Light hazard occupancy." Occupancies or portions of other occupancies where the quantity and/or combustibility of contents is low and fires with relatively low rates of heat release are expected as determined by the fire code official.

"Person/responsible person." The person responsible for compliance with the state fire code, including but not limited to, the owner, lessee, agent, operator, or occupant of a building, premises or vehicle. Responsible

92 persons can include individuals, heirs, executors, administrators or assigns, business associations, partnerships or corporations, it’s or their successors or assigns or the agent of any of the aforesaid.

"Residential hotel." A structure or structures consisting of one or more buildings, with more than five dwelling units, that are specifically constructed and approved through a valid certificate of occupancy issued by the building official having jurisdiction, as having both dwelling unit features for non-transient residence purposes and all of the transient residential group R-1 use and occupancy classification adopted by the board of building standards pursuant to Chapter 3781. of the Revised Code, and that are kept, used, maintained, advertised, operated as, or held out to the public to be a place where non-transient dwelling units are offered for pay to persons for a minimum stay of more than thirty days.

"Residential premises." Has the same meaning as the term is defined in section 5321.01 of the Revised Code.

"Single room occupancy." One occupant per room.

"Sleeping room." A room that provides at a minimum adequate sleeping accommodations for each guest such as a bed, bunk, cot or other furniture designed for sleeping and accompanying bedding, mattress, box spring, pillow(s), sheets and pillow cases.

"SRO facility." A facility with more than five sleeping rooms that is kept, used, maintained, advertised, or held out to the public as a place where sleeping rooms are offered on a single room occupancy (SRO) basis and intended for use as a primary residence for residential guests for a period of more than thirty days.

"Temporary residence." Means six or more dwelling unit accommodations within a single structure, except apartment buildings and other structures or portions thereof that are either residential premises subject to Title LIII. of the Revised Code or a similar residential occupancy, offered for pay to persons for a period of one year or less.

"Transient." No more than 30 days.

"Transient hotel." Any structure consisting of one or more buildings, with more than five sleeping rooms, that, through a valid certificate of occupancy, is specifically constructed, kept, used, maintained, advertised, or held out to the public to be a place where sleeping accommodations are offered for pay to transient guests for a period of thirty days or less, including, but not limited to, such a structure denoted as a hotel, motel, motor hotel, lodge, motor lodge, bed and breakfast, or inn.

"Transient 270 day stay hotel room." A specifically designated sleeping room, in a licensed transient hotel meeting all the requirements contained in section 3731.041 of the Revised Code.

(3) 118.3 Hotel and SRO facilities.

(a) 118.3.1 "Hotel" does not include agricultural labor camps, apartment houses, lodging houses, rooming houses, or hospital or college dormitories.

(b) 118.3.2 A SRO facility shall include at a minimum, a sleeping area with adequate sleeping accommodations for the guest such as a bed, bunk, cot or other furniture designed for sleeping.

93 (c) 118.3.3 No person licensed to maintain and operate a hotel or SRO facility shall also maintain and operate an agricultural labor camp, apartment house, lodging house, rooming house, or hospital or college dormitory in the same structure as is located the licensed hotel, unless the agricultural labor camp, apartment house, lodging house, rooming house or hospital or college dormitory has been constructed as, and been approved by the building official having jurisdiction over it as being a separate building within the hotel structure in accordance with approved building rated separation assemblies.

(i) 118.3.3.1 Upon initial application for licensure or upon request of the state fire marshal, a hotel or SRO facility seeking approval of separated uses as described in paragraph (R)(3)(c)(118.3.2) of this rule, must submit to the state fire marshal a valid certificate of occupancy that clearly indicates the separation of such uses as issued by the building official having jurisdiction and any other documentation requested by the state fire marshal.

(ii) 118.3.3.2 The state fire marshal shall not issue more than one hotel or SRO license for any structure.

(d) 118.3.4 The most current license issued to a hotel or SRO facility shall be kept in the office of such hotel or SRO facility and produced for review when requested by the fire code official or shall be displayed in a conspicuous and public manner therein.

(e) 118.3.5 For purposes of determining compliance with administrative licensure requirements, each Each hotel or SRO facility shall maintain on the premises, a register or guest information records or written occupancy agreement for a period of two years and provide such information upon request, of the state fire marshal or fire code official. The register, guest information records or written occupancy agreements shall clearly indicate the dates of arrival and departure for occupants in such guestroom.

(f) 118.3.6 Each licensed hotel or SRO facility shall maintain a responsible person on duty on the premises or provide appropriate notification information posted in a conspicuous place visible from the exterior.

(g) 118.3.7 Every hotel and SRO facility shall have proper plumbing, lighting and ventilation installed and maintained in accordance with the building code, plumbing code and mechanical code as listed in rule 1301:7-7-47 of the Administrative Code and this code.

(h) 118.3.8 The responsible person for the hotel or SRO facility must safely and properly maintain the building, structure, premises or lot at all times in accordance with this code, other jurisdictional codes and ordinances and the International Property Maintenance Code as listed in rule 1301:7-7-47 of the Administrative Code.

(i) 118.3.9 The responsible person of a licensed hotel shall post in each guestroom the hotel room rate indicating the maximum actual rate and include the maximum rate per number of actual occupants.

(j) 118.3.10 The responsible person or licensee of a hotel or SRO facility shall post the arson laws, as set forth in sections 2909.02 and 2909.03 of the Revised Code, in a conspicuous place in each guestroom, sleeping room, or dwelling unit in the facility.

94 (k) 118.3.11 The responsible person or licensee of a hotel or SRO facility shall post emergency egress routes or escape routes in a conspicuous place in each guestroom, sleeping room, or dwelling unit in the facility.

(4) 118.4 Transient hotels.

(a) 118.4.1 The requirements of the paragraph are specific to licensed transient hotels but the responsible person and licensee of the licensed transient hotel is not exempt from the requirements of paragraph (R)(3)( 118.3 ) of this rule.

(b) 118.4.2 No person licensed to operate a transient hotel shall also maintain and operate an agricultural labor camp, apartment house, lodging house, rooming house, or hospital or college dormitory in the same structure as is located a licensed transient hotel, unless the licensee complies with the requirements of paragraphs (R)(3)(c)(118.3.3), (R)(3)(c)(i)(118.3.3.1) and (R)(3)(c)(ii)(118.3.3.2) of this rule.

(c) 118.4.3 The responsible person or licensee of a transient hotel licensed pursuant to division (A)(2) of section 3731.01 of the Revised Code shall not permit guests to stay in guestrooms or sleeping rooms for periods in excess of thirty (30) days.

Exception: Guests are permitted to stay up to 270 days in transient hotel guestrooms and sleeping rooms when all of the following conditions are met:

1. Not more than 40 per cent of the total transient guestrooms and sleeping rooms in the facility are transient 270 days stay hotel rooms.

2. The designation of specific guestrooms or sleeping rooms on the license application or change of status application as 270 day stay hotel rooms does not change to another category or type during the annual hotel license period.

3. The responsible person or licensee of the licensed transient hotel submits the list of 270 day stay hotel room numbers to the state fire marshal not less than 30 days prior to the first day any guest is allowed to stay in any 270 day stay hotel room.

4. The responsible person or licensee of the transient hotel designates each specific 270 day stay hotel room by room number.

5. The building official having jurisdiction and the state fire marshal have approved the existing fire alarm system.

6. 270 day stay hotel room guests do not accumulate combustible materials within the 270 day stay hotel rooms to the point that the hazard classification of the hotel room would no longer be light hazard in the opinion of the fire code official.

7. No cooking devices except for those listed as safe for residential use as the terms are defined in paragraph (R)(2)( 118.2 ) of this rule are stored or used within the 270 day stay hotel room.

95 8. Smoke detectors, which shall be properly installed in all guestrooms and sleeping rooms of a transient hotel that provides 270 day stay hotel rooms to guests, annunciate at a constantly attended location from which the structure's fire alarm system can be manually activated.

9. A means to manually activate the structure's fire alarm system is provided at the constantly attended location where the guestroom or sleeping room smoke detectors are annunciated.

(5) 118.5 Extended stay hotels.

(a) 118.5.1 The requirements of this paragraph are specific to licensed extended stay hotels but the responsible person and licensee of the licensed extended stay hotel is not exempt from the requirements of paragraph (R)(3)( 118.3 ) of this rule.

(b) 118.5.2 No person licensed to operate an extended stay hotel shall also maintain and operate an agricultural labor camp, apartment house, lodging house, rooming house, or hospital or college dormitory in the same structure as is located a licensed extended stay hotel, unless the licensee complies with the requirements of paragraphs (R)(3)(c)(118.3.3), (R)(3)(c)(i)(118.3.3.1) and (R)(3)(c)(ii)(118.3.3.2) of this rule.

(c) 118.5.3 No person shall operate an extended stay hotel as defined in paragraph (R)(2)(118.2) of this rule without first obtaining a license from the state fire marshal for the extended stay hotel licensure category pursuant to paragraph (R)(1)(118.1) of this rule.

(d) 118.5.4 The responsible person or licensee of the licensed extended stay hotel may permit stays of less than thirty (30) days within dwelling units or other rooms within the structure only if such dwelling units or rooms are specifically constructed and approved as also being transient sleeping rooms.

(i) 118.5.4.1 The building official having jurisdiction shall approve through a valid certificate of occupancy and the state fire marshal shall approve any dwelling unit or other room that is to be used for stays of less than thirty (30) days. This certificate of occupancy shall indicate the specific rooms within the structure that are approved for use as transient sleeping rooms.

(e) 118.5.5 The state fire marshal shall not issue an extended stay hotel license for a facility and no person shall operate a facility as an extended stay hotel as defined in paragraph (R)(2)(118.2) of this rule unless a valid certificate of occupancy has been obtained for the facility.

(f) 118.5.6 Provisions for cooking, as approved by the building official having jurisdiction, shall be provided in each dwelling unit, and consist of, a space for food preparation, one cooking appliance, and a properly plumbed kitchen sink separate from the bathroom lavatory.

(g) 118.5.7 Provisions for eating within the dwelling unit shall be provided and shall consist of appropriate furnishings for the consumption of food.

(h) 118.5.8 Provisions for living within the dwelling unit shall be provided and shall consist of a bath area for personal hygiene that is separated from other areas in the dwelling unit and is equipped with a properly plumbed water closet, lavatory and tub/shower.

96 (i) 118.5.9 Provisions for sleeping within the dwelling unit shall be provided and at a minimum consist of a sleeping area with adequate sleeping accommodations for each guest such as a bed, bunk, cot or other furniture designed for sleeping and accompanying bedding, mattress, box spring, pillow(s), sheets and pillow cases.

(6) 118.6 Residential hotel.

(a) 118.6.1 The requirements of this paragraph are specific to licensed residential hotel but the responsible person and licensee of the licensed residential hotel is not exempt from the requirements of paragraph (R)(3)( 118.3 ) of this rule.

(b) 118.6.2 No person licensed to operate a residential hotel shall also maintain and operate an agricultural labor camp, apartment house, lodging house, rooming house, or hospital or college dormitory in the same structure as is located a licensed residential hotel, unless the licensee complies with the requirements of paragraphs (R)(3)(c)(118.3.3), (R)(3)(c)(i)(118.3.3.1) and (R)(3)(c)(ii)(118.3.3.2) of this rule.

(c) 118.6.3 No person shall operate a residential hotel as defined in paragraph(R)(2)( 118.2 ) of this rule without first obtaining a license from the state fire marshal for the residential hotel licensure category pursuant to paragraph (R)(1)( 118.1 ) of this rule.

(d) 118.6.4 Residential hotels shall only be kept, used, maintained, advertised, and held out to the public for minimum stays of more than thirty (30) days.

(e) 118.6.5 Responsible persons and licensee of licensed residential hotels shall, upon request of the dwelling unit guest, provide furniture adequate for living, eating, cooking, sanitation and sleeping within the dwelling unit. Furniture or furnishings provided for sleeping and sanitation shall include bed, blankets, sheets and pillow cases, towels and wash clothes. The residential hotel may charge appropriate additional fees for the provision of any furniture or provisions pursuant to this paragraph.

(7) 118.7 Licensure.

(a) 118.7.1 To obtain a new or renewal hotel or SRO facility license, the applicant shall submit to the state fire marshal an application with the appropriate fee payment as set forth in paragraph (R)(7)(c)(118.7.3) of this rule. The application shall be in a form as prescribed by the state fire marshal and shall include all information required by Chapter 3731. of the Revised Code, by this paragraph and by the state fire marshal.

(b) 118.7.2 Each applicant for a hotel facility license shall specify on the application provided by the state fire marshal the appropriate licensure category, indicating whether the facility is a, transient stay hotel/motel, extended stay hotel/motel, or a residential hotel as those terms are defined in paragraph (R)(2)( 118.2 ) of this rule.

(i) 118.7.2.1 Each applicant for a transient hotel licensure category license shall provide documentation accompanying the license application as prescribed by the state fire marshal. Upon initial application or request of the state fire marshal, such documentation shall include a valid certificate of occupancy demonstrating approval of sleeping accommodations for transient guests for a period of thirty days or less.

97 (a) 118.7.2.1.1 Each applicant for a transient hotel facility license shall specify on the application provided by the state fire marshal which rooms, meeting the requirements of section 3731.041 of the Revised Code, by room number, are offered for a period of more than 30 days but less than 270 days or less.

(ii) 118.7.2.2 Each applicant for an extended stay hotel licensure category license shall provide documentation accompanying the license application as prescribed by the state fire marshal. Upon initial application or request of the state fire marshal such documentation shall include a valid certificate of occupancy demonstrating that each unit the licensee intends to use as an extended stay guestroom has been specifically approved as a dwelling unit or efficiency containing provisions for living, eating, cooking, sanitation and sleeping.

(a) 118.7.2.2.1 Each applicant for an extended stay hotel facility license shall specify on the application provided by the state fire marshal which rooms, by room number, are offered for occupancy for periods exceeding 30 days. (b) 118.7.2.2.2 The valid certificate of occupancy shall list the specific rooms by room number that are approved as dwelling units. In addition, the valid certificate of occupancy shall demonstrate that the dwelling units have both of the following types of features:

(i) The required dwelling unit features for non-transient residence purposes in accordance with the residential group R-2 use and occupancy classification adopted by the board of building standards pursuant to section 3781.10 of the Revised Code, or any subsequent classification established by the board that is substantially similar to that classification;

(ii) All of the transient residential occupancy features of a transient hotel in accordance with the residential group R-1 use and occupancy classification adopted by the board pursuant to that section, or any subsequent classification established by the board that is substantially similar to that classification.

(iii) 118.7.2.3 Each applicant for a SRO facility license shall complete the application provided by the state fire marshal.

(a) 118.7.2.3.1 Upon initial application or request of the state fire marshal, each applicant for an SRO facility license shall provide a valid certificate of occupancy demonstrating a use group classification for the SRO facility of R-2 as approved and issued by the building official having jurisdiction. Any facility operating prior to October 16, 1996, in the nature of a SRO facility, whether previously licensed as a hotel or not, shall be permitted to provide documentation of a use group classification of either R-1 or R-2 as approved and issued by the building official having jurisdiction.

(b) 118.7.2.3.2 Each applicant for an SRO facility license shall specify on the application provided by the state fire marshal which rooms, by room number, are offered for occupancy for periods of 30 days or less.

(v) 118.7.2.4 Each applicant for a residential hotel licensure category license shall provide documentation accompanying the license application as prescribed by the state fire marshal. Upon initial application or request of the state fire marshal such documentation shall include a valid

98 certificate of occupancy demonstrating that each unit the licensee intends to use as a residential stay guestroom has been specifically approved as a dwelling unit or efficiency containing provisions for living, eating, cooking, sanitation and sleeping. In addition, the certificate of occupancy shall demonstrate that the hotel has all of the transient residential occupancy features of a transient hotel in accordance with the residential group R-1 use and occupancy classification adopted by the board of building standards pursuant to Chapter 3781 of the Revised Code.

(a) 118.7.2.4.1 Each applicant for a residential hotel facility license shall specify on the application provided by the state fire marshal which rooms, by room number, are offered for occupancy for periods exceeding 30 days.

(iv) 118.7.2.4 118.7.2.5 Transfer and information changes. If the ownership of a hotel or SRO facility is transferred from one person to another person, upon the sale or disposition of the hotel or SRO facility or its removal to a new location, the new owner shall request a transfer of the license from the state fire marshal. No license shall be transferred without the consent of the state fire marshal. A completed application as prescribed by the state fire marshal for transfer shall be received by the state fire marshal no later than the earlier of the following:

1. The end of the calendar year in which the transfer occurred; or 2. 90 days from the date of the transfer; or 3. Upon submission of an application to renew a hotel license.

Transfer fees shall be assessed in accordance with section 118.7.4.4.

The transfer of a hotel license shall be contingent upon an inspection verifying compliance with Chapter 3731. of the Revised Code and rules adopted pursuant to section 3731.02 of the Revised Code.

(a) 118.7.2.4.1.118.7.2.5.1. If the approval of a proposed transfer would be contrary to applicable law or this code, the state fire marshal may refuse to permit a license already issued to be transferred to a different owner or may refuse to grant any license to operate a hotel or to permit a license already issued to be transferred. Pursuant to and in accordance with Chapter 119. of the Revised Code, the aggrieved party may request a hearing on the denial of transfer. Such hearing shall be held in accordance with Chapter 119. of the Revised Code.

(c) 118.7.3 If the approval of a proposed transfer would be contrary to applicable law or this code, the state fire marshal may refuse to grant any license to operate a hotel or to permit a license already issued to be transferred. Pursuant to and in accordance with Chapter 119. of the Revised Code, the aggrieved party may request a hearing on the denial of transfer. Such hearing shall be held in accordance with Chapter 119. of the Revised Code.

(d) 118.7.4 License fees.

(i) 118.7.4.1 License fees. The initial licensure fee for a newly constructed hotel or SRO facility shall be:

(a) For all hotels or SRO facilities with exterior corridor rooms only, two thousand dollars;

99 (b) For all hotels or SRO facilities with interior corridor rooms only, three thousand dollars;

(c) For all hotels or SRO facilities with exterior or interior corridor rooms and places of assembly, such as restaurant, lounge, banquet facility, etc., four thousand dollars.

Any existing facility that applies for a hotel or SRO facility license under this paragraph shall be assessed an initial licensure fee equivalent to the standard renewal fee.

Any renewal application received on or after March 1st, shall be considered new and shall pay initial license fees as set forth in paragraph (R)(7)(d)(i)(a) through (R)(7)(d)(i)(c) 118.7.4.1 of this rule.

(ii) 118.7.4.2 Renewal, Reactivation and Re-application fees. On or before December first of each year a renewal application as prescribed by the state fire marshal shall be submitted with the appropriate renewal fee. The renewal fee for each hotel or SRO facility license shall be a minimum of one hundred ten dollars or one dollar per room, whichever is greater. Renewal applications accepted on or received after the last day of December of each year shall be charged a 10 per cent late fee made inactive and require reactivation. The reactivation fee shall be three hundred dollars which shall be paid in addition to the renewal fee. The renewal fee for each hotel or SRO facility license shall be a minimum of one hundred ten dollars or one dollar per room whichever is greater. Renewal applications received on or after March 1st be considered a new application in accordance with paragraph (R)(7) 118.7 of this rule and shall pay fees in accordance with paragraph (R)(7)(d)(i) 118.7.4.1 of this rule. Hotel or SRO facilities that fail to timely renew their licenses on or before December 31st, shall cease to operate as a hotel or SRO facility until a valid license to operate is issued to the facility by the state fire marshal.

(iii) 118.7.4.3 Change of license information. Changes to license information shall require a twenty-five dollar fee.

(iv) 118.7.4.4 Transfer of license. The fee for the transfer or sale of a license through a true bill of sale shall be five hundred dollars and a completed application for transfer shall be accompanied by the documentation evidencing the sale or transfer as required requested by the state fire marshal evidencing the sale. Any transfer application that is not received in a timely manner as set forth in section 118.7.2.5 of this rule shall be accompanied by a late fee of two hundred and fifty dollars in addition to the five hundred dollar transfer fee.

(v) 118.7.4.5 Adding newly constructed portions. The fee shall be five hundred dollars for one to twenty guestroom additions, one thousand dollars for more than twenty guestroom additions, and fifteen hundred dollars for the addition of guestrooms and/or places of assembly such as restaurants, lounges, banquet facilities, mercantile or office space.

(vi) 118.7.4.6 Adding a previously licensed portion. The fee shall be two hundred dollars for one to twenty guestroom additions, four hundred dollars for more than twenty guestroom additions, and five hundred dollars for the addition of guestrooms and/or places of assembly such as restaurants, lounges, banquet facilities, mercantile or office space.

(vii) 118.7.4.7 Duplicate license. An application for a duplicate hotel or SRO license shall be made in writing to the state fire marshal and shall be accompanied by a ten dollar fee.

100 (e) 118.7.5 Removal, transfer and licensing of a portion of a facility.

(i) 118.7.5.1 If a licensee seeks to remove or transfer a portion of a currently licensed hotel or SRO facility, then the licensee shall notify the state fire marshal in writing of such portions of the licensed hotel or SRO facility premises that are to be affected by the change to license information and pay the fee set forth in paragraph (R)(7)(d)(iii)(118.7.4.3) of this rule.

(ii) 118.7.5.2 To add a previously licensed portion of a licensed premises to a current hotel or SRO facility license, the licensee shall apply for a new hotel or SRO facility license pursuant to paragraph (R)(7)(b)(i)(118.7.2.1) of this rule.to the state fire marshal, to change the license information. Such application shall include documentation as requested by the state fire marshal including, but not limited to a valid certificate of occupancy in accordance with paragraph (R)(7)(b)(i)(118.7.2.1) through paragraph (R)(7)(b)(iv)(118.7.2.4) of this rule. This application shall reflect the entire hotel or SRO facility.

(iii) 118.7.5.3 To add a newly constructed portion that would change the total number of guestrooms, sleeping rooms and/or dwelling units to an existing licensed hotel or SRO facility, the licensee shall apply for a new hotel or SRO facility license pursuant to paragraph (R)(7)(b)(i)(118.7.2.1) of this rule. to the state fire marshal to change the license information. Such application shall include documentation as requested by the state fire marshal including, but not limited to a valid certificate of occupancy in accordance with paragraph (R)(7)(b)(i)(118.7.2.1) through paragraph (R)(7)(b)(iv)(118.7.2.4) of this rule. This application shall reflect the entire hotel or SRO facility.

(iv) 118.7.5.4 The state fire marshal shall not issue more than one hotel or SRO facility license for a hotel or SRO facility or portion thereof as licensed under this paragraph.

(f) 118.7.6 Compliance.

(i) 118.7.6.1 The owner, proprietor, or agent in charge of any business or property or any business or property subject to licensure in accordance with Chapter 3731. of the Revised Code shall comply with the following:

(a) 118.7.6.1.1 No hotel or SRO facility shall be maintained, conducted, or advertised without a license.

(b) 118.7.6.1.2 No person shall advertise, conduct, maintain or operate any structure as a hotel or as an SRO facility, or any business or property meeting the definition of a hotel or SRO facility, without a license.

(c) 118.7.6.1.3 No person shall operate a structure subject to licensure in accordance with Chapter 3731. of the Revised Code that is not equipped in the manner and conditions as required under Chapter 3731. of the Revised Code, this paragraph or the state fire code adopted pursuant to section 3737.82 of the Revised Code.

(d) 118.7.6.1.4 No person shall advertise, conduct, maintain, or operate a licensed hotel or licensed SRO facility in a manner that is inconsistent with the requirements of Chapter 3731. of the Revised Code, this paragraph or the state fire code adopted pursuant to section 3737.82 of the Revised Code.

101 (e) 118.7.6.1.5 No person shall fail or refuse to comply with sections 3731.01 to 3731.21 of the Revised Code, this paragraph or the state fire code adopted pursuant to section 3737.82 of the Revised Code.

(f) 118.7.6.1.6 Each day of violation of paragraphs (R)(7)(f)(i)(a)(118.7.6.1.1) to (R)(7)(f)(i)(e)(118.7.6.1.5) of this rule constitutes a separate offense.

(ii) 118.7.6.2 Inspection. The state fire marshal may inspect any business or property subject to Chapter 3731. of the Revised Code at any reasonable time. Such inspections may be conducted, upon a complaint received by the state fire marshal, for licensure purposes or for any other reason, to determine if a business or property is in compliance with Chapter 3731. of the Revised Code, this paragraph or any other applicable laws, rules or regulations.

(iii) 118.7.6.3 Notice of violation. Whenever, upon inspection, it is found that a business or property is not being conducted, or is not equipped in the manner and condition required by Chapter 3731. of the Revised Code, this paragraph, or the state fire code adopted pursuant to section 3737.82 of the Revised Code, the state fire marshal shall notify the owner, proprietor, or agent in charge of such business, or the owner or agent of the building so occupied, of such violations and of any changes or alterations as may be necessary to effect a complete compliance with sections 3731.01 to 3731.21 of the Revised Code, this paragraph or the state fire code adopted pursuant to section 3737.82 of the Revised Code.

(iv) 118.7.6.4 Compliance. The owner, proprietor, or agent in charge of any business or property receiving a notice of violation in accordance with paragraph (R)(7)(f)(iii)(118.7.6.3) of this rule shall bring the business or property into compliance with the requirements of Chapter 3731. of the Revised Code, this paragraph or the state fire code adopted pursuant to section 3737.82 of the Revised Code within a reasonable time set by the state fire marshal.

(v) 118.7.6.5 Methods of enforcement. If an owner, proprietor, or agent in charge of any business or property receiving a notice of violation in accordance with paragraph (R)(7)(f)(iii)(118.7.6.3) of this rule does not bring the business or property into compliance with the requirements of Chapter 3731. of the Revised Code, this paragraph or the state fire code adopted pursuant to section 3737.82 of the Revised Code within a reasonable time set by the state fire marshal, the state fire marshal may take any enforcement actions permitted by law including, but not limited to, issuance of a notice of opportunity for hearing to deny, suspend or revoke licensure, issuance of a citation pursuant to section 3737.41 and/or 3737.42 of the Revised Code, injunctive relief pursuant to sections 3731.05, 3731.21 and 3737.44 to 3737.46 of the Revised Code and/or criminal prosecution pursuant to sections 3731.03, 3731.05 and 3731.99 of the Revised Code.

(a) 118.7.6.5.1 Nothing in this paragraph shall be construed to limit the authority of the state fire marshal to take any action permitted under sections 3737.41 to 3737.51 of the Revised Code against a hotel or SRO facility in addition to or instead of taking action against the hotel or SRO facility, or the license issued to the hotel or SRO facility under Chapter 3731. of the Revised Code or this rule.

(vi) 118.7.6.6 For any denial, revocation or suspension of licensure actions taken by the state fire marshal, such actions shall be taken in accordance with applicable law, including Chapter 119. of the Revised Code and sections 3731.05 and 3731.06 of the Revised Code.

(g) 118.7.7 Licensure limitations.

102 (i) 118.7.7.1 Each applicant for a hotel or SRO facility license shall specify on the application provided by the state fire marshal which rooms are offered for occupancy for a period of thirty days or less and which rooms are offered for occupancy for a period of 270 days or less.

(8) 118.8 "Ohio Safe Stay Hotel" designation. There is hereby created within the state of Ohio the "Safe Stay Hotel" designation. The "Ohio Safe Stay Hotel" program is designed to incentivize and encourage hotel owners and operators within the state of Ohio to work with the state fire marshal to establish and maintain compliance with applicable provisions of this paragraph, the Administrative Code, and the sanitary compliance standards set forth in Chapter 3731. of the Revised Code. The purpose of this designation is to provide to the citizens of and visitors to the state of Ohio information regarding what hotel facilities within the state of Ohio are operating within those applicable standards and in conformance with the criteria set forth herein.

(a) 118.8.1 Scope. The provisions of this paragraph govern the implementation of the "Ohio Safe Stay Hotel" program and set forth the requirements and criteria for participation in the program.

(b) 118.8.2 Terms used for paragraph (R)(8)(118.8) of this rule. The following words take on exclusive meaning as used in paragraph (R)(8)(118.8) of this rule and for the purposes of this paragraph have the following meaning:

"Hotel." A hotel as defined in section 3731.01 of the Revised Code.

"Minor violation." A violation of the Ohio Fire Code that in the discretion of the state fire marshal is of such character and nature that it does not pose an immediate threat to life or property and that can be corrected immediately and without delay, and that is corrected during the course of an inspection.

"Safe Stay Hotel." A hotel that meets all of the qualifications and criteria set forth in paragraph (R)(8)(c)(118.8.3) of this rule and that is designated as an "Ohio Safe Stay Hotel" by the state fire marshal.

(c) 118.8.3 Qualifications for "Ohio Safe Stay Hotel" designation. In order to be designated as an "Ohio Safe Stay Hotel" by the state fire marshal, a hotel must meet all of the following:

(i) The hotel must have been issued a valid license to operate a hotel by the state fire marshal for the applicable calendar year; and

(ii) The state fire marshal must receive from a hotel a hotel license renewal application to operate a hotel in a timely manner and the application shall contain true and accurate information; and

(a) For the purposes of qualifying for an "Ohio Safe Stay Hotel" designation, a hotel license renewal application is considered timely if the application, all required paperwork, and all associated fees are received by the division of state fire marshal on or before October 1 of each calendar year. The state fire marshal may change or extend this deadline in the state fire marshal's sole discretion. Notice of any change or extension of the deadline for timely

103 submission of a hotel license renewal application shall be given as set forth in paragraph (R)(8)(i)(118.8.9) of this rule.

(iii) The hotel must not be in violation of any provision of this code, paragraph (R)(118) of this rule, or of the sanitary compliance standards set forth in chapter 3731. of the Revised Code or any rules adopted pursuant thereto; and

Exception: A hotel having only minor violations of this code at the time of inspection may qualify for the "Ohio Safe Stay Hotel" designation if all minor violations are immediately corrected during the course of the inspection and before the state fire marshal concludes the inspection as documented in an inspection report and said minor violations do not result in the issuance of a citation pursuant to section 3737.41 or section 3737.42 of the Revised Code.

(iv) No finding of nuisance shall have been issued by a court of competent jurisdiction against the hotel, hotel owner, operator, or responsible person, or against the property upon which the hotel is located; and

(v) No finding of or conviction for lewdness, assignation or prostitution, or an offense which constitutes a felony violation of chapter 2925. or chapter 3719. of the Revised Code shall have been entered by a court of competent jurisdiction against any hotel owner, operator, or responsible person, wherein the offense or conviction relate to conduct that occurred at any structure licensed under, subject to the licensure requirements of, or previously licensed under chapter 3731. of the Revised Code; and

(vi) No finding of or conviction for lewdness, assignation or prostitution, or an offense which constitutes a felony violation of chapter 2925. or chapter 3719. of the Revised Code shall have been entered by a court of competent jurisdiction against any person wherein the conduct that is the basis for such finding or conviction was engaged in on the premises of the hotel seeking a designation under this section and it is demonstrated that the hotel owner, operator or responsible person knew or should have known of such conduct prior to its occurrence.

(d) 118.8.4 "Ohio Safe Stay Hotel" designation. Commencing with the licensure period after the effective date of this rule and upon submission of an application to renew a license to operate a hotel, the state fire marshal may designate the hotel as an "Ohio Safe Stay Hotel" if both of the following are met:

(i) The hotel is in compliance with the qualifications set forth in paragraph (R)(8)(c)(i)(118.8.3) to (R)(8)(c)(iii)(118.8.3) of this rule for a period of twenty four consecutive months immediately preceding the licensure period to which the application applies; and

(ii) The hotel is in compliance with the qualifications set forth in paragraph (R)(8)(c)(iv)(118.8.3) to (R)(8)(c)(vi)(118.8.3) of this rule for a period of sixty consecutive months preceding the licensure period to which the application applies.

(e) 118.8.5 Documentation. Each qualifying "Ohio Safe Stay Hotel" shall receive documentation from the state fire marshal verifying that the hotel is an "Ohio Safe Stay Hotel." Such documented designation shall be in a format that is capable of display by the hotel and that is uniform and readily identifiable to the public.

104 (f) 118.8.6 Publication. The state fire marshal shall create and maintain a current registry of all licensed hotels in the state of Ohio which shall indicate those hotels that have been designated as an "Ohio Safe Stay Hotel." The list shall be readily available to the public and shall be published in electronic format on the state fire marshal website.

(g) 118.8.7 Use of qualifying "Ohio Safe Stay Hotel" designation. Any hotel that is designated as an "Ohio Safe Stay Hotel" may represent itself as such in any publication or marketing tools used by the hotel for promotion and may utilize the logo, decal, or designation issued to it by the state fire marshal for such purposes. Such logo, decal, or designation may be reproduced by the hotel for use under this rule at any time during which the hotel is designated as an "Ohio Safe Stay Hotel" as determined by the state fire marshal. The logo, decal or designation may be used and reproduced by the facility for marketing, promotional, or other similar purposes in digital, print or other media formats, including hardcopy reproduction for use in literature or promotional materials and display in the licensed facility, and electronic reproduction for use in digital marketing campaigns.

(i) No person or entity shall use the "Ohio Safe Stay Hotel" logo, decal, or designation unless and until such logo, decal, or designation is issued to it by the state fire marshal. Any hotel that has previously been issued an "Ohio Safe Stay Hotel" logo, decal, or designation shall immediately cease the use of the logo, decal, or designation if such logo, decal or designation has been revoked or not renewed by the state fire marshal. No person or entity shall misuse the logo, decal, or designation or misrepresent to the public that a hotel is or has been designated by the state fire marshal as an "Ohio Safe Stay Hotel."

(h) 118.8.8 Revocation or non-renewal of designation. The state fire marshal may revoke or deny renewal of the designation of a hotel as an "Ohio Safe Stay Hotel" in the event of any of the following:

(i) Upon a determination by the state fire marshal that the hotel is not in compliance with any of the provisions of paragraph (R)(8)(c)(118.8.3) or (R)(8)(d)(118.8.4) of this rule; or

(ii) An alteration or modification of the hotel that is not approved and/or permitted in conformance with the provisions of this rule and/or the building code as listed in rule 1301:7-7-47 of the Administrative Code; or

(iii) Misuse of the "Ohio Safe Stay Hotel" logo, decal, or designation or misrepresentation of a hotel as a designated "Ohio Safe Stay Hotel" at any time within sixty consecutive months immediately preceding the licensure period during which the state fire marshal becomes aware of the misuse or misrepresentation.

If a hotel's designation is revoked or not renewed by the state fire marshal, the logo, decal, or designation shall be immediately removed from the hotel facility and from all of its literature and marketing and advertising campaigns in any format or medium, the hotel's designation as an "Ohio Safe Stay Hotel" in the registry of hotels shall be removed, and the hotel shall immediately cease all use and/or reproduction of the logo, decal or designation in any manner.

(i) 118.8.9 Notification. The state fire marshal shall publish on its website a written policy describing how affected persons or entities shall be notified of any revocations or non-renewals of any designations under paragraph (R)(8)(h)(118.8.8) of this rule and of any extensions of application deadlines described in

105 paragraph (R)(8)(c)(ii)(a)(118.8.3) of this rule. A facility having its designation revoked or not renewed or facilities affected by a deadline extension shall be provided notice of such actions per the policy published on the state fire marshal's website.

(j) 118.8.10 Effective date. The provisions of this paragraph shall become effective September 1, 2015. Statement of Problem: The current definitions of transient hotel and extended stay hotel do not reference the necessity of a valid certificate of occupancy (c/o); this is inconsistent with provisions of the Ohio Revised Code. Therefore, the definitions should be revised to clearly indicate that a valid c/o is required for this type of facility. (This will also make the definitions consistent with the current definition for residential hotel, which does clearly state that a valid c/o is required.) The 2011 OFC definition of ‘hotel’ only specifies ‘transient hotels.’ However, the work ‘hotel’ is used generically throughout OFC section 118 to include transient, residential and extended stay facilities. Therefore, the definition should be modified to clearly reflect all hotel types.

In light of the U.S. Supreme Court’s decision in City of Los Angeles v. Patel (135 S. Ct. 2443; 2015 U.S. LEXIS 4065), language should be added to OFC sec. 118.3.5 to clearly state that it is the intent of the provision to apply for the purposes of licensure.

Sec. 118.7.2.1.1 should be amended to indicate that the licensure application should list rooms that will be used for more than 30 days but less than 270 days. Currently, sec. 118.7.2.1 requires that an application for a transient hotel license must indicate what rooms are transient (i.e., used for 30 days or less) and sec. 118.7.2.1.1 requires that an application for a facility complying with R.C. 3731.041 (where guest stay up to 270 days) must include all rooms that are offered up to 270 days. This would include the listing of the transient rooms as well as the 270 rooms, when the intent in 118.7.2.1.1 is to capture only the rooms that are more than 30 days but less than 270 days.

The SFM often receives certificates of occupancy for extended stay hotels that are deficient in that they lack a listing of specific room numbers that are approved as dwelling units and meeting the two requirements set forth in R.C. 3731.01(A)(4). Therefore, OFC sec. 118.7.2.2.2 should be amended to provide a more specific guideline for applicants when seeking certificates of occupancy.

Current OFC language addresses and provides licensure provisions for three types of hotel facilities which are recognized in the Ohio Revised Code (transient, extended stay and SRO). However, the code does not set forth provisions for licensure applications for ‘residential hotels’, which is also a licensure category contained in the Ohio Revised Code. Therefore, language should be added at sec. 118.7.2.4 to address the requirements for application of a residential hotel.

Current provisions require that in the event of an ownership transfer of a hotel or SRO facility, the owner must request a transfer of the license from the State Fire Marshal. However, there is no timeframe within which the request must be made. Therefore, language should be added in sec. 118.7.2.4 (to be moved to 118.7.2.5 in the 2017 OFC) to set forth timeframes for the transfer of a license. (See also, sec. 118.7.4.4.)

The current OFC licensure fee structure (set forth at sec. 118.7.4) is administratively ineffective and does not deter hotels from submitting late renewal applications. Therefore, it is being proposed that the fee structure be reworked and the ‘late fee’ provisions be eliminated. Instead, the proposed language imposes a ‘reactivation fee’ of three hundred dollars in addition to the renewal fee for any application received after the last day of December of each year, but before March 1 of the following year. This reactivation period more accurately reflects current SFM policy of allowing hotels to renew their applications until February

106 28th. Under current OFC provisions hotels that fail to renew their license by the deadline remain open to the public and are ‘operating without a license,’ but the SFM has minimal recourse against such facilities for not maintaining an active license. Therefore, language is being proposed to clearly set forth that applications received on or after March 1 will be considered as applications for a ‘new’ hotel license and will be subject to fees accordingly. Such language will not only act as a deterrent for late applications, it will also clearly delineate when a license is no longer held by a hotel facility. Language has been added to clearly notify hotel owners and operators that fail to renew their license in a timely manner, that they shall cease to operate as a hotel or SRO until a valid license to operate is issued. Likewise, fees are imposed for license transfer applications that are not received by the State Fire Marshal in a timely manner. Finally, language is being proposed to establish a nominal fee for a request for a duplicate hotel license. The SFM receives numerous requests for duplicate licenses, which require the dedication of resources, including, but not limited to, personnel time, paper supplies, ink, and mailing costs. The proposed fee will cover these administrative expenditures.

Revisions to sections 118.7.5.2 and 118.7.5.3 are being proposed to clarify current provisions. These code sections as currently written are confusing to the reader in that they reference ‘new applications’ and do not reflect current practice which would constitute a ‘change application.’ Also, the rules as written, only reference transient hotel applications. References to extended stay and residential hotels are needed to address those types of licensees who are applying for a change of information.

The SFM is proposing to change section 118.8.6 in response to stakeholder feedback that was received regarding how the registry of Operation Safe Stay hotels is maintained on the SFM website. Rather than a listing of all hotels with a designation of whether or not the hotel qualifies for the Safe Stay program, the registry will list all qualifying hotels. This will be more user friendly for the consumer, and will also not inadvertently give the impression that new hotel facilities that could not qualify for the program (due to the qualifying periods for the program) do not qualify for failing to meet the parameters of the program. …list of all hotels does not account for the hotels that have not been in operation for 24 months and therefore cannot qualify. It appears to the public as if they do not qualify for to compliance issues.

Editorial and clarifying corrections are also proposed for sections 118.3.4, 118.7.4.4, and 118.7.5.1. Committee Reason: For the reasons stated above, Petition 96 is APPROVED. Petition ID: 97 Committee Action: Approved Submitter: SFM/CEB OFC Sections: 307.1.2 Proposed Change: Add language to the OFC to authorize the SFM to issue a state-wide ban or a regional ban on open burning as may be necessary and when conditions dictate as follows:

(G) SECTION 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES (1) 307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with this paragraph. (a) 307.1.1 Prohibited open burning. Open burning that is offensive or objectionable because of smoke emissions or when atmospheric conditions or local circumstances make such fire hazardous shall be prohibited. (b) 307.1.2 Ban on open burning, recreational fires, and portable outdoor fireplaces. The state fire marshal, in the sole discretion of the state fire marshal, may issue a ban on open burning, recreational fires, or the use of portable outdoor fireplaces at any time when the state fire marshal determines that atmospheric or drought or other environmental conditions necessitate such a

107 ban. The ban may be issued state-wide or may be tailored to a specific area, region or county of the state as conditions warrant. (i) No open burning or recreational fires shall occur and no portable outdoor fireplaces shall be used in any area where a ban is in affect or at any time during a period when the state fire marshal has issued a ban. (ii) No permit authorizing open burning, recreational fires or the use of portable outdoor fireplaces shall be issued during anytime or in any area where a ban has been issued by the state fire marshal. Exception: A permit authorizing open burning, recreational fires, or the use of portable outdoor fireplaces may be issued for any area, if any, that is not subject to the ban. (iii) Nothing in this section shall prohibit a local fire code official with authority to do so from issuing a local ban on open burning, recreational fires, or the use of portable outdoor fireplaces at any time when conditions warrant, including during times when the state fire marshal has issued a ban as long as the local ban does not contradict the ban issued by the state fire marshal. Statement of Problem: Currently there is no clear language authorizing the SFM to issue a ban and setting forth how local officials would be impacted by such. The proposed language would create a clear avenue for the issuance of a ban and clearly prohibits open burning, recreational fires, and the use of portable outdoor fireplaces during a ban, thereby providing an added level of safety during dry or drought conditions. Committee Reason: For the reasons stated above, Petition 97 is APPROVED. Petition ID: 98 Committee Action: Approved Submitter: SFM/CEB OFC Sections: Rule 2/105.1.1.1.2 Other OFC Sections: 3401.2; 3401.4; 603.3.1 Proposed Change: Add a definition in Rule 2 of the OFC to define “engine mounted tank” and to add language at 105.1.1.2 of the OFC to provide for permit exemptions for certain residential heating oil tanks, certain engine mounted tanks, and tanks utilized at construction sites for a period of less than 90 days as follows:

TANK, ENGINE-MOUNTED. An above-ground fuel tank furnished by the engine manufacturer or the emergency power system supplier and mounted on the engine, the engineframe, or under as a subbase.

(b) 105.1.1.1.2 Flammable and combustible liquid tanks. A permit is required to install, alter, place temporarily out of service, remove, abandon or otherwise dispose of a flammable or combustible liquid tank or any line or dispensing device connected thereto. Permits to install, alter, remove, abandon or otherwise dispose of a flammable or combustible liquid tank or any line or dispensing device connected thereto shall be obtained from the state fire marshal when such permits are not issued by the local fire code official. Exceptions: 1. No permit shall be required to install, alter, place temporarily out of service, remove, abandon or otherwise dispose of a listed, lockable engine mounted tank that is connected to stationary pieces of equipment if all of the following apply: a. The tank has an capacity of 500 gallons or less; and b. The equipment remains locked at all times unless the equipment is being serviced or the tank is being filled; and

108 c. All other provisions of this code, including other security provisions such as vehicle protection, are complied with.

2. No permit shall be required to install, alter, place temporarily out of service, remove, abandon or otherwise dispose of a stationary flammable or combustible liquid storage tank with a capacity of 1,100 gallons or less utilized for residential heating oil or agricultural purposes.

3. No permit shall be required for a stationary flammable or combustible liquid storage tank utilized at a construction site for a period of less than 90 days. Statement of Problem: Adding the above language reiterates permitting exemptions for flammable and combustible liquid storage tanks that are included elsewhere in the code, thus providing clarity and uniformity. Although technically required in the 2011 OFC, permits were not being issued for residential heating oil tanks with a capacity of 1,100 gallons or less. Therefore, the above exception sets forth actual practice to make it clearer for homeowners, installers, and fire code officials, that it was the intent of the SFM to not require permits for such tanks. Likewise, adding a permit exemption for sub-base generator tanks will offer clarity for facility owners, building officials, and fire code officials. Historically, permits (and security measures) for such tanks have been required by the OFC, without like security measures in the OBC. Therefore, facility owners would often get to the end of construction and then be faced with additional requirements for sub-base generator tanks, often causing delays and additional costs. Engine- mounted tanks have many safety features and are not generally at a high risk. Therefore, eliminating the permit requirement will streamline measures for facility owners and will help harmonize OBC and OFC provisions. Likewise, permitting requirements for tanks used at construction sites for a short period of time were confusing in the context of the application of other codes. The elimination of the permitting requirements as set forth above will help streamline procedures for industry members. Committee Reason: For the reasons stated above, Petition 98 is APPROVED. Petition ID: 99 Committee Action: Approved Submitter: SFM/CEB OFC Sections: Rule 33 (now 56) Definition / Rule 2 Proposed Change: Add a definition of “flame effect” to OFC Rule 2 as follows: “Flame effect.” The combustion of solids, liquids, or gases to produce thermal, physical, visual, or audible phenomena before an audience. Flame effect includes, but is not limited to, cold spark devices. Statement of Problem: The current OFC does not define the term “flame effect.” The substantive definition above mirrors the definition of flame effect found in 2011 NFPA 160. Adding the definition to the OFC will be more user friendly. Adding language to clearly state how ‘cold spark devices’ will be classified will help stakeholders know how to treat theses relatively new devices that are rapidly beginning to appearing on the market. Committee Reason: Petition 99 is APPROVED. The above definition is being added to provide clarity and comports with the definition found in NFPA 160. In addition, language is being added to specify that ‘cold spark devices’ are a flame effect. Adding them as an example here will put the industry on notice regarding how these devices will be treated in Ohio. This designation of cold spark devices as a flame effect is in keeping with how they are being classified and treated nationally. Petition ID: 100 Committee Action: Approved Submitter: SFM/CEB OFC Sections: 105.1.1.1.3; 105.1.1.1.4; 105.1.1.1.5; 105.1.1.2 Proposed Change: Clarify language at OFC sec. 105.1.1.2 that authorizes but does not require local fire code officials to issue permits to clearly state that even if the local official does not have a permitting program,

109 all applicable requirements of the OFC still apply. Revise permitting requirements to eliminate the necessity of obtaining a permit from the SFM when the local fire code official does not issue permits for LP-gas systems, standpipe systems, or temporary membrane structures, tents and canopies located on state property. Proposed language is as follows:

(c) 105.1.1.1.3 LP-gas system. A permit is required for the stationary installation or modification to a stationary LP-gas system located on state property. Permits for the stationary installation or modification to a stationary LP-gas system located on state property shall be obtained from the state fire marshal when such permits are not issued by the local fire code official. (d) 105.1.1.1.4 Standpipe systems. A permit is required for the removal of a standpipe system or appurtenances located on state property. Permits required for the removal of a standpipe system or appurtenances located on state owned property shall be obtained from the state fire marshal when such permits are not issued by the local fire code official. (e) 105.1.1.1.5 Temporary membrane structures, tents and canopies. A permit is required for the construction of an air-supported temporary membrane structure or a tent having an area in excess of 400 square feet (37 m2) or a canopy in excess of 400 square feet (37 m2) when such structure, tent or canopy is erected on state property. Permits required for the construction of an air-supported temporary membrane structure or a tent having an area in excess of 400 square feet (37 m2) or a canopy in excess of 400 square feet (37 m2) when such structure, tent or canopy is erected on state owned property or on a licensed premises as defined in rule 1301:7-7-02 of the Administrative Code shall be obtained from the state fire marshal when such permits are not issued by the local fire code official.

105.1.1.2 Discretionary permits. The local fire code official is authorized, but not required, to establish a permit program and issue a permit for the hazardous activities set forth in paragraphs (E)(6)(105.6) and (E)(7)(105.7) of this rule. Regardless of whether or not the local fire code official has established a permit program to issue permits for the hazardous activities set forth in paragraphs (E)(6)(105.6) and (E)(7)(105.7) of this rule, all other provisions of this code shall remain in full force and effect. Statement of Problem: Other provisions of OFC Rule 1 authorize local officials to establish permitting programs that could encompass permits for LP-gas systems, standpipe systems, and tents, temporary membrane structures and canopies in. This authority extends to state owned property. To require a state- owned facility to obtain a permit from the SFM if the local fire code official does not issue a permit for these specified systems and structures is unwarranted. Typically, these installations do not pose a significantly increased risk and in the event there was an issue concerning them, the local official would be responding to the incident, and is, therefore, more in need of notification and permitting control when warranted. The elimination of the permit requirements will not affect safety for these systems and structures as all applicable provisions of the OFC still apply to these installations. Language is proposed for OFC sec. 105.1.1.2 to make it clear that that the provisions of the OFC do apply regardless of permitting requirements. Committee Reason: For the reasons stated above, Petition 100 is APPROVED. Petition ID: 101 Committee Action: Approved Submitter: SFM/CEB OFC Sections: 403.4 Proposed Change: Add language at OFC sec. 403.3 to ensure access for emergency equipment at outside carnivals and fairs is adequate for the apparatus of the jurisdiction and is maintained. Proposed language is as follows:

110 403.4 Apparatus access at carnivals, fairs, and amusement buildings. At all events subject to or permitted in accordance with paragraph (E)(6)(b)(105.6.2) or (E)(6)(d)(105.6.4) of rule 1301:7-7-01 of the Administrative Code, no parking, vehicle, vendor, concession apparatus, booth, or any other obstruction shall be arranged or maintained in any manner that blocks the unobstructed access of emergency response vehicles to the permitted premises or in any manner that blocks the emergency response vehicles from accessing all portions of the permitted premises. The determination of access necessary shall be based upon the size and turning radius of the equipment and vehicles of the permitting entity or authority. Statement of Problem: The above language is necessary ensure that the local fire official who is responsible for responding in the case of an emergency will be able to access all portions of permitted premises. Although street fairs, carnivals, and amusement buildings are fun activities for many local jurisdictions and are generally conducted in a safe environment, often vendors and concessions are placed in very close proximity to one another with only narrow passageways between them. In addition, they are often spread out over large areas of land. This makes access to these events problematic, at best. Language is necessary to ensure that responsible fire agencies will be able to require access to all portions of the permitted premises be maintained. Committee Reason: For the reasons stated above, Petition 101 is APPROVED. Petition ID: 102 Committee Action: Approved Submitter: SFM/CEB OFC Sections: 307.4.2.1 Proposed Change: Add language to decrease distance requirements that would affect fire pits as follow: 307.4.2 Recreational fires. Recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material. Conditions that could cause a fire to spread within 25 feet (7620 mm) of a structure shall be eliminated prior to ignition.

307.4.2.1 Fire Pits. Recreational fires conducted in gas-fired recreational pits shall not be conducted within 15 feet of a structure or combustible materials. Statement of Problem: Although current provisions require a clearance distance of 25 feet from combustible structures and materials, the smaller distance of 15 feet is warranted in the case of fire pits. This will allow closer proximity for these smaller, contained fires, as opposed to other recreational fires where the 25-foot clearance distance will still apply. Committee Reason: For the reasons stated above, Petition 102 is APPROVED. Petition ID: 103 Committee Action: Approved Submitter: SFM/CEB OFC Sections: 2203.2 Proposed Change: Amend OFC sec. 2203.2 to clearly delineate that emergency disconnect switches for exterior fuel dispensers must be located outside. Proposed language is as follows: 2203.2 Emergency disconnect switches. An approved, clearly identified and readily accessible emergency disconnect switch shall be provided at an approved location, to stop the transfer of fuel to the fuel dispensers in the event of a fuel spill or other emergency. An emergency disconnect switch for exterior fuel dispensers shall be located outside and within 100 feet (30 480 mm) of, but not less than 20 feet (6096 mm) from, the fuel dispensers. For interior fuel-dispensing operations, the emergency disconnect switch shall be installed at an approved location. Such devices Emergency disconnect switches shall be distinctly labeled as: “EMERGENCY FUEL SHUTOFF.” Signs shall be provided in approved locations Statement of Problem: The SFM has received many calls for clarification on this provision. Inquiries center around whether or not an emergency stop device for an exterior dispenser can be located inside a booth where a clerk sits, or if it is required to be outside. The purpose of the emergency stop it to provide a readily

111 accessible means for a patron – or a clerk – to stop fuel in the event of an emergency. If the switch is located inside a booth, its accessibility will be lessened, if not eliminated altogether. Because this is model code langue, the SFM reached out to the ICC. The ICC confirmed that emergency stops for exterior dispensers must be located outside. Nothing in this provision would prohibit an additional disconnect switch from also being located inside the clerk’s booth. Committee Reason: For the reason stated above, Petition 103 is APPROVED. Petition ID: 104 Committee Action: Approved Submitter: SFM/WG OFC Sections: sec. 3312.3.1; 3312.3.2; 3312.3.3 Proposed Change: Amend OFC sections 3312.3.1, 3312.3.2, and 3312.3.3 to provide continuing education credit to licensed fireworks wholesalers, retailers and exhibitor who serve as an instructor at a continuing education program developed by the SFM if approved by the SFM. Proposed language is as follows:

5612.3 Continuing education. Each licensed manufacturer, wholesaler, or exhibitor shall comply with the applicable continuing education requirements as follows: (a) 5612.3.1 Manufacturer. Each licensed manufacturer of fireworks that possesses fireworks for sale and sells fireworks under division (C) of section 3743.04 of the Revised Code, or a designee of the manufacturer, whose identity is provided to the state fire marshal by the manufacturer, annually shall attend a continuing education program. The state fire marshal shall develop the program and the state fire marshal or a person or public agency approved by the state fire marshal shall conduct it. A licensed manufacturer or the manufacturer’s designee who attends a required program, within one year after attending the program, shall conduct in-service training for other employees of the licensed manufacturer regarding the information obtained in the program. A licensed manufacturer shall provide the state fire marshal with notice of the date, time, and place of all in-service training. The state fire marshal shall establish the subjects to be taught, the length of the classes, and the standards for approval, and the time periods for notification by the licensee to the state fire marshal of any in- service training. Exception: If approved by the state fire marshal, any licensed manufacturer of fireworks that possesses fireworks for sale and sells fireworks under division (C) of section 3743.04 of the Revised Code, or a designee of the manufacturer, whose identity is provided to the state fire marshal by the manufacturer, who serves as an instructor at a continuing education program outlined above shall not have to attend an additional continuing education program as a student during that same licensing year.

(b) 5612.3.2 Wholesaler. Each licensed wholesaler of fireworks or a designee of the wholesaler, whose identity is provided to the state fire marshal by the wholesaler, annually shall attend a continuing education program. The state fire marshal shall develop the program and the state fire marshal or a person or public agency approved by the state fire marshal shall conduct it. A licensed wholesaler or the wholesaler’s designee who attends a required program, within one year after attending the program, shall conduct in-service training for other employees of the licensed wholesaler regarding the information obtained in the program. A licensed wholesaler shall provide the state fire marshal with notice of the date, time, and place of all in-service training. The state fire marshal shall establish the subjects to be taught, the length of the classes, and the standards for approval, and the time periods for notification by the licensee to the state fire marshal of any in-service training. Exception: If approved by the state fire marshal, any licensed wholesaler of fireworks or a designee of the wholesaler, whose identity is provided to the state fire marshal by the wholesaler, who serves as an instructor at a continuing education program as outlined above

112 shall not have to attend an additional continuing education program as a student during that same licensing year.

(c) 5612.3.3 Exhibitor. Each licensed exhibitor of fireworks or a designee of the exhibitor, whose identity is provided to the state fire marshal by the exhibitor, shall attend a continuing education program consisting of not less than six hours of instruction once every three years. The state fire marshal shall develop the program and the state fire marshal or a person or public agency approved by the state fire marshal shall conduct it. A licensed exhibitor or the exhibitor’s designee who attends a required program shall within one year after attending the program, and on an annual basis during the following two years, may conduct in-service training for other employees of the licensee regarding the information obtained in the program. After each in-service training, the licensed exhibitor shall provide a roster to the state fire marshal’s office listing all those that attended the in-service training. A licensed exhibitor shall provide the state fire marshal with certified proof of full compliance with all applicable annual training requirements of the United States Department of Transportation and of the Occupational Safety and Health Administration. A licensed exhibitor shall provide the state fire marshal with notice of the date, time, and place of all in-service training not less than thirty days prior to an in-service training event. An individual exhibitor who has no employees shall not fulfill continuing education requirements through a designee. An exhibitor who fulfills the continuing education requirements through a designee shall provide the identity and exhibitor license number of the designee to the state fire marshal prior to the training program. Each licensed exhibitor shall provide documentation evidencing compliance with the continuing education requirements in the manner prescribed in the license renewal application material. 5612.3.3.1: Upon approval of the state fire marshal, any licensed exhibitor of fireworks or a designee of the exhibitor whose identity is provided to the state fire marshal by the exhibitor, who serves as an instructor at a continuing education program as outlined above may count any hour(s) spent instructing as credit toward the exhibitor’s or the designee’s continuing education requirements as long as the hours of instruction were performed during the licensure period for which credit is sought.

(d) 5612.3.4 Records. All records documenting the completion of the continuing education required by this rule shall be maintained for a period of three years and shall be available for inspection by the state fire marshal or his/her designee when requested. Statement of Problem: Currently, individuals serve as instructors and teach the relevant material and then must attend continuing education classes as a student to meet their own licensing requirements. The point of continuing education is to ensure that licensees are receiving training and keeping apprised of the most recent developments in their industry. If an individual is approved to teach a current course, it is incongruous to require them to attend additional training. Committee Reason: For the reasons stated above, Petition 104 is APPROVED. Petition ID: 105 Committee Action: Approved Submitter: SFM/WG OFC Sections: 311.2.1.1 Proposed Change: Add language at OFC sec. 311.2.1.1 to harmonize with new Ohio Revised Code requirements for securing and boarding structures subject to foreclosures pursuant to Rev. Code section 2308.02. Proposed language is as follows:

(K) Section 311 Vacant premises

113 (1) 311.1 General. Temporarily unoccupied buildings, structures, premises or portions thereof, including tenant spaces, shall be safeguarded and maintained in accordance with paragraphs (K)(1)(a)(311.1.1) to (K)(6)(311.6) of this rule.

(a) 311.1.1 Abandoned premises. Buildings, structures and premises for which an owner cannot be identified or located by dispatch of a certificate of mailing to the last known or registered address, which persistently or repeatedly become unprotected or unsecured, which have been occupied by unauthorized persons or for illegal purposes, or which present a danger of structural collapse or fire spread to adjacent properties shall be considered abandoned, declared unsafe and abated by demolition or rehabilitation in accordance with the International Property Maintenance Code and the building code as listed in rule 1301:7-7-80 of the Administrative Code.

(b) 311.1.2 Tenant spaces. Storage and lease plans required by this code shall be revised and updated to reflect temporary or partial vacancies.

(2) 311.2 Safeguarding vacant premises. Temporarily unoccupied buildings, structures, premises or portions thereof shall be secured and protected in accordance with paragraphs (K)(2)(a)(311.2.1) to (K)(2)(c)(311.2.3) of this rule.

(a) 311.2.1 Security. Exterior and interior openings accessible to other tenants or unauthorized persons shall be boarded, locked, blocked or otherwise protected to prevent entry by unauthorized individuals. The fire code official is authorized to placard, post signs, erect barrier tape or take similar measures as necessary to secure public safety. (i) 311.2.1.1. Property deemed vacant and abandoned pursuant to section 2308.02 of the Revised Code shall be secured in accordance with section 2308.031 of the Revised Code. Statement of Problem: The above reference will serve as a pointer to inform officials that specific requirements may apply for houses subject to R.C. 2308. Committee Reason: For the reason stated above, Petition 105 is APPROVED. Petition ID: 106 Committee Action: Approved Submitter: SFM/WG OFC Sections: 101.2.1, 102.1.1, 102.1.2, 102.1.3, 102.7, 102.8, 104.3, 104.8.4, 104.11.4, 120.3, 120.4, 120.6, 122.6.4, 123.1 and other portions of OFC Rule 1 Proposed Change: Amend and reorganize language in OFC Rule 1, sections 101.2.1, 102.1.1, 102.1.2, 102.1.3, 102.7, 102.8, 104.8.4, 104.11.4, 120.3, 120.4, 120.6 and other portions of OFC Rule 1 as follows:

(a) 101.2.1 Appendices. Provisions in the appendices of any “International Fire Code” are not adopted as part of this code. A political subdivision with the authority to enact a local fire code may adopt these appendices as a part of such local codes.

(a) 102.1.1 General applicability. Except as otherwise provided in paragraph (B)(1)(b) (102.1.2) of this rule, the construction and design provisions of this code shall apply to:

(i) Structures, facilities and conditions arising after the adoption of this code. This includes structures, facilities and conditions exempt from or not otherwise subject to Chapters 3781. or 3791. of the Revised Code.

(ii) Existing structures, facilities and conditions not legally in existence at the time of adoption of this code.

114 (iii) Existing structures, facilities and conditions not in strict compliance with the requirements of this code, regardless of whether such location is in substantial compliance with the applicable version of the building code listed in rule 1301:7-7-80 of the Administrative Code, where the conditions constitute a distinct hazard to life or property in the opinion of the fire code official, including existing structures subject to rule 1301:7- 7-11 of the Administrative Code. If a distinct hazard to life or property cannot be proven by the fire official by a preponderance of the evidence, the provisions of this code shall not apply to an existing building or condition. This includes structures, facilities and conditions exempt from or not otherwise subject to Chapters 3781. or 3791. of the Revised Code.

(b) 102.1.2 Agricultural uses and locations. The construction and design provisions of this code, including any construction permit requirements, shall not apply to structures:

(i) subject to section 3781.061 of the Revised Code, or

(ii) otherwise exempt from the building code as listed in 1301:7-7-80 of the administrative Code because such structures are being used for agricultural purposes as described in in section 3781.06(B)(1).

Exception to paragraph 102.1.2(i) and (ii): If the conditions at the structure constitute a distinct hazard to life or property or the occupancy of structure constitutes a change of use or occupancy of the structure from one of the exempt uses listed in this division to another occupancy classification subject to this code or the building code as listed in 1301:7-7-80 of the Administrative Code.

102.1.3 Non-required work. Any fire protection system, or portion thereof, not required by this code may be installed at any location subject to this code provided that the installation is in accordance with this code and the building code as listed in 1301:7-7-80 of the administrative code.

(7) 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in rule 1301:7-7-80 of the Administrative Code and such codes and standards shall be incorporated by reference into and considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in paragraphs (B)(7)(a)(102.7.1) and (B)(7)(b)(102.7.2) of this rule. (a) 102.7.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. (b) 102.7.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard. (c) 102.7.3 To the extent such rules relate to fire safety, the rules adopted by the state fire marshal in accordance with Chapter 3701. including section 3701.82, Chapter 3721., including section 3721.032, Chapter 3731., including section 3731.02, Chapter 3737., including sections 3737.17, 3737.65 and 3737.73, Chapter 3743., including sections 3743.02, 3743.03, 3743.04, 3743.05, 3743.06, 3743.15, 3743.17, 3743.18, 3743.53, 3743.56, 3743.58 and 3743.70 and Chapter 5104., including section 5104.5 of the Revised Code, shall be incorporated by reference and considered part of this code. (d) 102.7.4 Unless already addressed in and to the extent that such provisions do not conflict with the Revised Code or the rules listed in paragraph (B)(7)(a)(102.7.1) of this rule, the provisions of paragraphs (A)(101), (B)(102), (D)(104), (E)(105), (F)(106), (G)(107), (I)(109), (J)(110), (K)(111), (L)(112), (Q)(117) and (V)(122) of this rule apply to the rules adopted by the state fire marshal in accordance with Chapter 3701. including section 3701.82, Chapter 3721., including section 3721.032, Chapter 3731., including section

115 3731.02, Chapter 3737., including sections 3737.17, 3737.65 and 3737.73, Chapter 3743., including sections 3743.02, 3743.03, 3743.04, 3743.05, 3743.06, 3743.15, 3743.17, 3743.18, 3743.53, 3743.56, 3743.58 and 3743.70 and Chapter 5104., including section 5104.5 of the Revised Code. (e) 102.7.5 To the extent not in conflict with the Revised Code, the applicable provisions of the “Ohio Fire Code” apply to and may be enforced against all persons, locations, things, structures, and activities regulated by Chapter 3701. including section 3701.82, Chapter 3721., including section 3721.032, Chapter 3731., including section 3731.02, Chapter 3737., including sections 3737.17, 3737.65 and 3737.73, Chapter 3743., including sections 3743.02, 3743.03, 3743.04, 3743.05, 3743.06, 3743.15, 3743.17, 3743.18, 3743.53, 3743.56, 3743.58 and 3743.70 and Chapter 5104., including section 5104.5 of the Revised Code. (f) 102.7.6 Enforcement of rules adopted by the state fire marshal in accordance with Chapter 3701. including section 3701.82, Chapter 3721., including section 3721.032, Chapter 3731., including section 3731.02, Chapter 3737., including sections 3737.17, 3737.65 and 3737.73, Chapter 3743., including sections 3743.02, 3743.03, 3743.04, 3743.05, 3743.06, 3743.15, 3743.17, 3743.18, 3743.53, 3743.56, 3743.58 and 3743.70 and Chapter 5104., including section 5104.5 of the Revised Code shall be as provided in those Revised Code sections or such rules. In addition to such rules, any applicable provisions of the “Ohio Fire Code” may be used as a basis for such enforcement actions.

(8) 102.8 Harmonizing provisions. Where there is a conflict between a general requirement and a specific requirement of this code or its referenced standards, the specific requirement shall be applicable. A conflict occurs when both the general and specific requirements cannot be satisfied at the same time for the regulated matter. Where, in a specific case, different paragraphs of this code or its referenced standards specify different materials, methods of construction or other requirements, the most restrictive provision that provides the highest degree of safety shall govern. If there is a conflict between a requirement of this code and a referenced standard, the provisions of this code shall govern.

104.3 Right of entry. In accordance with section 3737.14 of the Revised Code and constitutional provisions governing searches, the fire code official and other officials or their designees as described in section 3737.14 of the Revised Code shall have the authority to enter all buildings or vehicles or upon all premises, as such locations are described in paragraph (A)(5)(b) (101.2.2) of this rule which are within that official’s jurisdiction, at all reasonable hours to conduct an examination, inspect or investigate or to perform the duties imposed upon the official by this code. If such building or premises is occupied, the official shall present credentials to the occupant and request entry. If such building or premises is unoccupied, the official shall first make a reasonable effort to locate the owner, the owner’s authorized agent or other person having charge or control of the building or premises and request entry. If entry is refused, the fire code official has recourse to every remedy provided by law to secure entry, including obtaining a warrant in accordance with section 2933.21 (F) of the Revised Code.

104.8.4. Variances issued by the state board of building appeals to this code shall be in accordance with section 3781.19 of the Revised Code and shall only apply to citations and orders issued under sections 3737.41 and 3737.42 of the Revised Code.

(d) 104.11.4 Evacuation. The fire department official in charge of an actual emergency response incident, as determined by such official, shall be authorized to order the immediate evacuation of any occupied building or premise deemed unsafe when such location has hazardous conditions that present life threatening danger to building or premise occupants. Persons so notified shall immediately leave the structure or premises and shall not enter or re-enter until authorized to do so by the fire department official in charge of the incident. For the purposes of this code, an emergency response incident involving an actual

116 first responder services or ongoing fires, explosions or other hazardous events are, due to the actual occurrence of an emergency, distinguishable from events referenced in section 3737.44 of the Revised Code.

120.1 Definitions

“MARCS grant.” An equipment grant authorized by the General Assembly that is used for systems, equipment, or services that are a part of , integrated into, or otherwise interoperable with the Multi-Agency Radio Communication System (MARCS) operated by the state.

120.3 Eligibility.

Eligible recipients for grants awarded under this rule are:

(a) A volunteer fire department; (b) A fire department that serves one or more small municipalities or small townships; (c) A joint fire district comprised of departments that primarily serves small municipalities or small townships; (d) The local unit of government responsible for: (i) A fire department; (ii) A fire department that serves small municipalities or small townships; or (iii) A portion of a joint fire district comprised of volunteer departments that primarily serves small municipalities or small townships; and (e) The local unit of government responsible for the provision of fire protection services for a small municipality or small township. (f) For the purpose of these grants, a private fire company, as that phrase is defined in section 9.60 of the Revised Code, that is providing fire protection services under contract for a political subdivision of this state, is an additional recipient for a training grant.

(4) 120.4 General terms and conditions.

(a) Funds provided by a grant under this rule shall only be used for purposes for which the eligible recipient may lawfully expend public funds and in accordance with the terms of the grant award and this code. (b) An eligible recipient may receive up to $15,000 in a fiscal year from this grant for firefighting or rescue equipment, gear or similar items or for other fire department needs related to the provision of fire protection services. If, during the preceding or current fiscal year of the grant award, the eligible recipient is in a jurisdiction that has had a natural disaster as declared by the Governor, the recipient may receive up to $25,000 in a fiscal year from this grant for firefighting or rescue equipment, gear or similar items or for other fire department needs related to the provision of fire protection services. In addition to any other funds awarded under this grant, an eligible recipient may receive up to $15,000 in a fiscal year from this grant as full or partial reimbursement for the documented costs of firefighter training. (c) For each fiscal year, the state fire marshal shall, as the state fire marshal determines is appropriate, apportion the available grant funds for expenditure for any of the particular purposes allowed under this paragraph. Each eligible recipient may receive only one grant for each state fiscal year for which funds are made available by the Ohio General Assembly, but such a grant may be awarded by the state fire marshal in multiple parts, including for the purposes described in paragraphs (T)(6)(a)(120.6.1) and (T)(6)(b)(120.6.2) of this rule, to an eligible recipient during a state fiscal year. (d) The awarding of all grants shall be at the sole discretion of the state fire marshal.

117 (e) All grants awarded are subject to the availability of funds. (f) The state fire marshal may require repayment to the state of Ohio any or all of a grant should an eligible recipient fail after a reasonable time, to expend all or any part of its grant. (g) Should the eligible recipient expend any portion of or the entire grant for any purpose other than that which was approved by the state fire marshal, the state fire marshal may require repayment of that amount to the state of Ohio. (h) The state fire marshal may audit any awarded grant and may also require an eligible recipient receiving a grant to provide evidence that the grant has been used for the intended purpose and maintain such inventory or other records concerning purchases made with the grant as the state fire marshal deems necessary. (i) To offset the cost of administering grants under this rule, the state fire marshal may retain in the state fire marshal’s operating account an amount of money equal to not more than one and one half per cent of the total funds available under this rule. (j) The state fire marshal shall not award a grant under this paragraph unless the eligible recipient is in compliance with the provisions of this rule and other applicable laws, rules and regulations. This includes compliance with fire department fire incident reporting requirements and participation, when required, in the volunteer firefighters’ dependents fund described in Chapter 146. of the Revised Code. (k) Joint applications for grants by eligible recipients are authorized in accordance with the biannual uncodified legislation establishing these grants state fire marshal grant program policies. (6) 120.6 Award of grant funds.

Grants awarded under this rule are divided into two parts: equipment and training grants.

(a) 120.6.1 In determining which eligible recipients will receive awards, the state fire marshal shall consider: 1. The population protected by the eligible recipient; 2. The size of the area for which the eligible recipient provides fire protection; 3. The operating budget of the eligible recipient from both public and private sources; 4. The intended use of the grant funds by the eligible recipient; 5. The number of fires occurring within the area protected by the eligible recipient as evidenced by reports filed with the state fire marshal under section 3737.24 of the Revised Code; 6. The amount of money being requested by the eligible recipient; and 7. Additional factors which the state fire marshal determines necessary to assist in determining which eligible recipient should receive a grant.

(i) 120.6.1.1 Equipment grants.

The state fire marshal may award equipment grants to eligible recipients under this rule for any of the following purposes:

(a) The acquisition of firefighting or rescue equipment, gear or similar items; or (b) For other fire department needs related to the provision of fire protection services.

In awarding these grants, the state fire marshal may give a preference to grants relating to the acquisition of personal protective equipment for firefighters.

120.6.1.1.1 – As periodically authorized by the General Assembly, MARCS grant awards may be up to $50,000 in each state fiscal year per eligible recipient. Each eligible recipient may only apply, as a separate entity or as a part of a joint application, for one MARCS Grant per state fiscal year. The state fire marshal

118 may give a preference in awarding MARCS grants to grants that will enhance the overall interoperability and effectiveness of emergency communication networks in the geographic region that includes and is adjacent to the applicant. Eligible recipients that are or were awarded fire department grants that are not MARCS Grants may also apply for and receive MARCS Grants in accordance with criteria for the awarding of grant funds established by the state fire marshal. Grants may be used for the payment of user access fees by the eligible recipient to access MARCS.

122.6.4 Authority of hearing examiners appointed by the department

Exception: A hearing officer shall not have the power to consider any motion for a change in venue. Only the director or the state fire marshal or the state fire marshal’s designee may consider and rule upon a motion for a change of venue.

123 Section 123 Declaration regarding material assistance/non-assistance to terrorist organization

(1) 123.1. All applicants for a permit, license or certification issued by the state fire marshal in accordance with the provisions of this code subject to sections 2909.32 to 2909.34 of the Revised Code (“Declaration Regarding Material Assistance/Non-assistance to Terrorist Organization”), shall fully complete the required declaration of material assistance certification form as a part of any application process. Any incomplete certification form shall be considered by the state fire marshal to be an incomplete application for a permit, license, or certification unless the department of public safety reinstates the application. If the applicant provides an affirmative response indicating that the applicant has provided material assistance to a terrorist organization, such application shall be denied by the state fire marshal regardless of the status of the remaining portions of the application unless the application is reinstated by the department of public safety. If any person who receives a permit, license, or certification from the state fire marshal that is subject to sections 2909.32 to 2909.34 of the Revised Code, while such permit, license, or certification is active pursuant to the provisions of this code, takes an action that results in an affirmative response to any question on the certification form, the state fire marshal shall revoke such permit, license or certification.

Statement of Problem: OFC Rule 1 has many areas that are require further detail, need to be updated to match recent legislation or case law developments and/or otherwise need enhancement to improve user application of the OFC; changes and restructuring would help add clarity to the rule, streamline enforcement of the code and allow for better organization. Committee Reason: For the reasons stated above, Petition 106 is APPROVED. Note: please see Petiton 96 for changes to OFC Section 118, Hotel and SRO Facility License Petition ID: 107 Committee Action: Approved Submitter: SFM/WG OFC Sections: 101.2.2, 101.2.2.1, 101.2.2.2 Scope Proposed Change: Amend and reorganize the scoping provisions in OFC Rule 1 as follows:

(b) 101.2.2 Activities, locations and persons subject to the Ohio Fire Code: Unless specifically exempted or as limited by federal or state law or this code, the provisions of this code are intended to safeguard life and property from fire and explosion and shall apply to all aspects of fire safety at any structures, buildings, premises, vehicles or other locations within the territorial jurisdiction of the State of Ohio. The scope of this code includes, but is not limited to, property owned by the State of Ohio or other political subdivisions of the state, residential premises (one, two and three family dwellings), and agricultural premises. The scope of this code includes all aspects of fire safety for any occupancy of or any activities at the places subject to this

119 code, including actions of or uses by any individual, corporation, business trust, estate, trust, partnership, associations, the state, a political subdivision of the state, and any other entity, public or private. 101.2.2.1 Exemptions to the Ohio Fire Code. This code does not apply to any of the following: 1. Property owned by the United States government in accordance with Chapter 159. of the Revised Code. 2. Structures owned by and used for a function of the United States government when such structures are designed, constructed and maintained in accordance with appropriate federal fire safety standards ; 2. Structures controlled by the United States government used for a non-administrative military function of the United States government; 3. Structures owned or controlled by the State of Ohio that are used for a military function in accordance with 10 U.S.C. Chapter 1803.4; 4. The organization or structure of a municipal or township fire department; 5. Structural building requirements covered by the Ohio Building Code. 6. Agricultural labor camps, to the extent required by Section 3733.42 of the Revised Code or rules adopted under that section.

[Deletions – see section 121 – Special Provisions]

7. Structures and premises subject to the exclusive jurisdiction of the power siting board as established in the Revised Code or in administrative rules promulgated by the power siting board, to the extent of such exclusivity. 8. The construction or installation of an industrialized unit regulated by the Ohio Building Code. All occupancy, operational and maintenance provisions of this code shall apply to all industrialized units. 9.Structures and premises subject to the exclusive jurisdiction of the public utilities commission of Ohio as established in the Revised Code or in administrative rules promulgated by the public utilities commission, to the extent of such exclusivity. 10. The construction and operation of a mine or other underground cavern, wells, well pads, or derricks subject to the exclusive jurisdiction of the Ohio Department of Natural Resources, to the extent of such exclusivity. 11. Manufactured homes, to the extent required by 24 CFR Part 3280, “Manufactured Home Construction and Safety Standards,” and the rules adopted by the Ohio manufactured home commission.

101.2.2.2 Limitations on applicability of the Ohio Fire Code. This code shall not be construed to:

1. Cause an employer, in complying with it, to be in violation of the “Occupational Safety and Health Act of 1970,” 84 Stat. 1590, 29 U.S.C.A. 651, or the “Consumer Product Safety Act of 1972,” 86 Stat. 1207, 15 U.S.C.A. 2051; 2. Regulate manufacturers or manufacturing facilities with respect to occupational hazards where they are subject to regulation by the federal occupational safety and health administration; 3. Be inconsistent with, or in conflict with, regulations of the federal occupational safety and health administration or the hazardous materials regulations of the hazardous materials regulations board of the federal highway administration, United States department of transportation, or the public utilities commission; 4. Establish a minimum standard of flammability for consumer goods in any area where the “Flammable Fabrics Act,” 81 Stat. 568 (1967), 15 U.S.C. 1191 authorizes the federal government or any department or agency of the federal government to establish national standards of flammability for consumer goods;

120 5. Establish a health or safety standard for the use of explosives in mining, for which the federal government through its authorized agency sets health or safety standards pursuant to section 6 of the “Federal Metal and Nonmetallic Mine Safety Act of 1966,” 80 Stat. 772, 30 U.S.C. 725, or section 101 of the “Federal Coal Mine Health and Safety Act of 1969,” 83 Stat. 745, 30 U.S.C. 811.

Statement of Problem: The scoping provisions of the OFC need revised to better describe areas that may be completely or partially exempt from the code and how such exemptions should apply, including for subject matters regulated by other federal or state agencies as provided for in the Revised Code. Committee Reason: For the reasons stated above, Petition 107 is APPROVED. Please note: Items related to Type B daycares and manufactured homes have been moved to OFC Section 121 – Special provisions. Petition ID: 108 Committee Action: Approved Submitter: SFM/WG OFC Sections: 102.3.4 Proposed Change: Amend and reorganize occupancy approval procedures and language in OFC Rule 1 as follows:

102.3.4 Limited Building Code Occupancy Approvals. Except as described in this paragraph, partial occupancy approvals issued under section 111.1.1.3 of the building code as listed in 1301:7-7-80 of the Administrative Code, time limited occupancy approvals issued under section 111.1.1.4 of the building code as listed in 1301:7-7-80 of the Administrative Code, temporary occupancy approvals issued under sections 102.8 and 111.1.1.5 of the building code as listed in 1301:7-7-80 of the Administrative Code and variances to the building code as listed in 1301:7-7-80 of the Administrative Code issued by the state board of building appeals pursuant to section 3781.19 of the Revised Code shall be considered, to the extent of the approval or deviation from the building code issued by such officials, as conditions compliant with the construction and design provisions of this code. All maintenance and operational provisions of this code shall apply to such occupancies. Exception. Any structure, location or condition that constitutes a distinct or serious hazard under this code. For such structure, location or condition, the fire code official may issue an order requiring compliance with any parts of this code or impose other conditions that such official determines are necessary to make such places safe for occupancy and use. If the local fire code official was provided an opportunity for input at a hearing conducted by the state board of building appeals pursuant to section 3781.19 of the Revised Code and a variance to the building code for matters that impact fire safety was granted at such a hearing for a place subject to this exception, an order issued by a local fire code official under this exception shall be valid only if it is first authorized in writing by the state fire marshal.

Statement of Problem: The OBC has several occupancy approval procedures not recognized by the ICC or referenced in the exiting OFC. Additionally, the state Board of Building Appeals (BBA) cannot grant a variance to the OFC until an R.C. 3737.42 based citation is issued. Thus, when a building code official issues an occupancy approval in one of the special “Ohio only” categories created in the OBC, like a time limited or temporary occupancy, or the BBA grants a variance to an OBC adjudication order when no fire code order is pending (or no fire code official input is provided in such cases), these orders create occupancy conditions in violation of the OFC, regardless of whether the fire code official believes the structure can be safely occupied. The primary remedy available to the fire code official is to issue a new fire code based citation for the condition, which is then to be appealed to the state BBA - a cumbersome and often unnecessary process. The proposed language allows such approvals by the BCO or BBA to be accepted by the fire code

121 official as demonstrating compliance with the OFC without having to issue any new OFC based orders. The proposal retains the fire code official’s authority to issue an order prohibiting the occupancy of a structure that is a distinct or serious hazard, regardless of any other approvals that apply to a new or existing structure. It also provides for SFM prior approval of any local fire code official’s order for a structure issued under this section if the fire code official had previously participated in any BBA hearing on the same issue at the same structure. Committee Reason: For the reasons stated above, Petition 108 is APPROVED. Petition ID: 109 Committee Action: Approved Submitter: SFM/WG OFC Sections: Section 103 - Political Subdivision Fire Codes Other OFC Sections: 101.6 Proposed Change: Amend language in OFC Rule 1 regarding the relationship between the OFC and local fire codes, and clarify CFSI authority and liability as follows:

101.6 – Deleted and Relocated to 103.2

(C) Section 103 State and Political Subdivision (Local) Fire Codes.

(1) 103.1 Fire code(s) within a political subdivision. Consistent with this paragraph, a political subdivision may, but is not required to, adopt and enforce a local fire code in accordance with the provisions of Ohio law. If a political subdivision adopts a local fire code, that local fire code constitutes an additional set of fire safety regulations in the applicable jurisdiction. A local fire code shall not and does not modify, repeal, invalidate or otherwise nullify any provisions of this code or any authorities reserved for the State Fire Marshal under this code. Such local fire codes shall not be called the “Ohio Fire Code” even if such codes contain the same or similar substantive rules as this code. Regardless of whether a political subdivision adopts a local fire code, this code remains in effect and is enforceable at all locations in the state in accordance with the applicable provisions of the Revised Code and this code.

(2) 103.2 The State Fire Code is a minimum statewide standard. This code shall constitute the minimum standards for safeguarding life and property from fire and explosion in this state. No political subdivision with the statutory authority to promulgate a local fire code may enact a local fire code, or parts thereof, or authorize a variance or waiver to such local fire code by any means, that provide a lower threshold of such safeguards or violate accepted engineering practice involving public safety. Only the State Fire Marshal, in accordance with paragraph (D)(4) (104.8) of this rule or the state Board of Building Appeals pursuant to section 3781.19 of the Revised Code may authorize a variance to any provisions of this code. Consistent with this paragraph, a political subdivision may promulgate fire code provisions that meet or exceed the minimum safety requirements as set forth in this code.

(3) 103.3 Liability. All liability related to the application or enforcement of this code by the State or a political subdivision shall be determined in accordance with all applicable laws, immunities and defenses, including Chapters 2743 and 2744 of the Revised Code and sections 9.85, 9.86, 9.87, 2743.02 and 2744.03 of the Revised Code.

(4) 103.4 Certified Fire Safety Inspectors. The actions of Certified Fire Safety Inspectors are subject to the applicable portions of the Ohio Revised Code, including sections 3737.01(D), 3737.34, 3737.43(C) and 3737.64 of the Revised Code.

122 (5) 103.5 Fire Prevention Officers. For the purposes of section 505.38(B) or 737.22(A) of the Revised Code, a fire prevention officer shall be appointed to provide services to any unincorporated area of a township not served by that township’s fire department as such a department as created pursuant to sections 505.37 and 505.38(A) of the Revised Code or to a village established under title 7 of the Revised Code that has not organized a fire department.

Statement of Problem: OFC provisions describing the interrelationship between the OFC and local fire codes are located in different sections of the OFC and require further detail to alleviate confusion in the adoption and application of local codes. The current OFC does not directly reference liability provisions for enforcing the OFC and it does not fully describe the sources of authority or duties of certified fire safety inspectors or fire prevention officers. Committee Reason: Petition 109 is APPROVED. The proposed language provides necessary clarifications of the relationship between the state and local fire codes and properly describes the R.C. based provisions for the liability and authority or duties of certified fire safety inspectors or fire prevention officers. Petition ID: 110 Committee Action: Approved Submitter: SFM/WG OFC Sections: Rule 104.2.2, 106.3, 111 Application of the Fire Code construction provisions prior to issuance of a certificate of occupancy Proposed Change: Amend OFC Rule 1 to streamline construction processes regarding fire protection system installation to as follows:

(b) 104.2.2. If a fire code official participates in the plan review process described in this paragraph and that fire code official determines that the proposed construction would result in the construction of a structure not in compliance with this code, the fire code official may, upon request of the responsible person, issue an order directing that all construction be done in accordance with this code. If the responsible person does not submit revised construction documents evidencing compliance with this code within a time period acceptable to the fire code official, the fire code official may issue a citation in accordance with section 3737.42 of the Revised Code requiring the submission of revised construction documents and construction of the structure in accordance with this code. Construction of a structure subject to this paragraph must be in compliance with the provisions of this code.

104.2.2 Except as noted in this paragraph, construction of a structure subject to this paragraph must be in compliance with the provisions of this code.

104.2.2.1 Prior to the issuance of a certificate of occupancy or other occupancy approval by a building code official, it is not a violation of this code for construction regulated by this code and the building code as listed in 1301:7-7-80 of the Administrative Code, or subject to a variance issued by the state board of building appeals pursuant to section 3781.19 of the Revised Code, to occur in a manner or result in a condition contrary to the construction and design provisions of this code unless the state fire marshal first issues a written finding verifying that such construction and design provisions have been violated. If the state fire marshal issues such a finding, the fire code official is authorized to issue a citation and order pursuant to section 3737.42 of the Revised Code requiring compliance with the applicable construction and design provisions of the is code. As applicable, such orders may be concurrently appealed to the state board of building appeals pursuant to section 3781.19 of the Revised Code with any adjudication orders issued by the building code official.

104.2.2.2 Notwithstanding any other provision of this paragraph or rule 1301:7-7-11 of the administrative code, the minimum conditions of safe occupancy as specified in this code, including paragraphs 102.3.1 and

123 105.3 of this rule, shall always apply to all structures, building, premises, conditions and activities subject to paragraph 101.2 of this code.

(3) 106.3 Concealed work. When required by the fire code official, it shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Where any installation subject to an inspection as required by this code or Chapter 3731., 3737., or 3743. of the Revised Code prior to its use is covered or concealed without having first been inspected, the responsible party, subject to paragraph 104.2.2 of this code, must uncover the work for fire code official inspection. Neither the fire code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

(1) 111.1 Order. Whenever the fire code official finds any work relating to the fire prevention provisions of Chapters 3781. and 3791. of the Revised Code or work subject to paragraph (D)(2)(a)(104.2.1) of this rule contrary to the approved plans or work otherwise regulated by this code being performed in a manner contrary to the provisions of the Revised Code or this code, in a dangerous or unsafe manner, the fire code official is authorized , subject to paragraph 104.2.2 of this code, to issue a stop work order in accordance with section 3781.031 of the Revised Code or this code.

Statement of Problem: The R.C. authorizes and/or mandates that the OFC contain provisions relating to the installation of fire protection systems during the construction process. Consistent with this direction, the construction and design provisions of the OFC have traditionally applied to the installation of fire protection systems at all regulated structures in Ohio and the Ohio Fire Code has been fully enforceable during the construction process. To: 1) streamline the construction process by allowing structures and activities approved by the BCO (under a code that has fire protections provisions that are duplicative of those found in the OFC) to be more readily found to be in compliance with the OFC; 2) limit the issuance of unnecessary OFC construction orders; 3) authorize OFC based construction orders to be heard at the same time as OBC based adjudication orders; and 4) retain the fire code official’s authority to issue an order prohibiting the occupancy of a structure that is a distinct or serious hazard, regardless of any other approvals that apply to a new or existing structure, the SFM proposes to substantially restructure OFC 104.2.2. to address these issues. The revised section will protect the public safety by retaining fire code official’s authority to prevent occupancy of distinct or serious hazards while still creating a seamless method for the construction projects to be found in compliance with the OFC without the issuance of orders or, when orders are necessary, to create an appropriate level of oversight of the orders to make sure such orders are necessary. Committee Reason: For the reasons stated above, Petition 110 is APPROVED. Petition ID: 111 Committee Action: Approved Submitter: SFM/WG OFC Sections: Rule 104.6.3, 117.3 Fire Reports Proposed Change: Amend language in OFC Rule 1 regarding fire reports as follows:

(c) 104.6.3 Fire records. The All fire departments shall keep a record of fires occurring within their jurisdiction of organization, , and of facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby, together with other information as required by the fire code official state fire marshal. If a township or village does not have an organized fire department under its own authority or it does not exist concurrently with a municipality that has established its own fire department within its jurisdiction, then, regardless of whether it contracts for fire protection services, the fire prevention officer of such townships or villages shall be responsible for the reporting functions of this paragraph.

124

(3) 117.3 Reporting of fires. Unfriendly fires shall be reported to the fire department having jurisdiction. As described in in paragraph (D)(6)(c)(104.6.3) of this rule, the The fire chief or designee other specified authority shall make a report and forward a copy of said report to the state fire marshal of such unfriendly fires. As required by section 3737.24 of the Revised Code, the reporting official shall immediately notify the marshal of the fire being investigated in accordance with that section, and within one week of the occurrence of the fire shall furnish state fire marshal with a written statement of all facts relating to its cause and origin and such other information as is required by forms provided by the marshal.

Statement of Problem: The R.C. provides specific guidance as to the authority and duties of fire officials to report fires in Ohio that have not been fully incorporated into the OFC. This has led to confusion as to who is required to report fire incidents to the OFIRS system, particularly for political subdivisions served by mutual aid contracts. Committee Reason: Petition 111 is APPROVED. The proposed language specifies who has the duty to ensure fire reports are timely filed by the specific authority having jurisdiction at any given geographic location in the state. Petition ID: 112 Committee Action: Approved Submitter: SFM/WG OFC Sections: Rule 104.10 Fire Investigations Proposed Change: Amend language in OFC Rule 1 to clarify fire investigations language and incorporate SFM policy and practice into the OFC as follows:

(10) 104.10 Fire investigations. The state fire marshal, or an assistant state fire marshal as designated by the state fire marshal, and the chief of the fire department of each municipal corporation in which a fire department is established, the chief of the fire department in each township in which a fire department is established, the chief of the fire department of a joint fire district, or the fire prevention officer in each township or village where no fire department is established in accordance with Section 3737.24 of the Revised Code and other Revised Code sections applicable to the investigating agency shall have the authority to investigate the cause, origin and circumstances of any major fire or explosion. For the purposes of section 149.43 of the Revised Code, such investigations shall be considered law enforcement matters of a criminal, quasi-criminal, civil, or administrative nature. For the purposes of section 3929.87 of the Revised Code, an investigation that has not made a final finding, but has made findings as to the origin and cause of a fire in accordance with accepted fire investigation practices qualifies as a determination under that statute.

(a) 104.10.1 Assistance from other agencies. Police and other enforcement agencies shall have authority to render necessary assistance in the investigation of fires when requested to do so in accordance with the laws of this state.

(b) 104.10.2 Major fire definition. For the purposes of section 3737.24 of the Revised Code, a “major fire or explosion” means:

(i) A fire or explosion that caused or had a substantial risk of causing death or serious physical harm to any persons; (ii) A fire or explosion that caused damage to or the destruction of any occupancy, property or vehicle and the estimated or actual loss associated with such fire or explosion exceeds $500,000 in value; (iii) A fire or explosion that caused damage to or the destruction of any occupancy, property or vehicle that is owned, leased or directly controlled by the United States of America, the State of Ohio or any political subdivision of the State, including schools and other educational institutions;

125 (iv) A fire or explosion that any political subdivision Fire Chief determines, in that Chief’s discretion, to be a significant fire within that Chief’s jurisdiction. (v) Any fire or explosion so designated by the state fire marshal as a major fire or explosion.

(a) 104.10.3 – Major Fire Notifications to State Fire Marshal. Political subdivision fire departments, including such departments and private fire companies providing services to another jurisdiction that does not have a fire department, must immediately report to the SFM any fire or explosion occurring within its jurisdiction or response area that caused or had a substantial risk of causing death or serious physical harm to any person(s).

(b) 104.10.4. As used in this section, the phrases “substantial risk” and “serious physical harm” have the same meaning as the definitions of such phrases in sections 2901.01(A)(6) and (A)(8) of the Revised Code.

Statement of Problem: The existing section governing “major fires” has structural deficiencies that led to the issuance of an SFM interpretation in 2013 to clarify the fire official’s duties to investigate fires. These amendments incorporate that interpretation, which has been widely accepted in the fire service, into the OFC. These amendments also specify the fire service’s intent when conducting investigations and describe how NFPA 921 practices should be applied to statutes governing the timelines for fire investigations. Committee Reason: For the reasons stated above, Petition 112 is APPROVED. Petition ID: 113 Committee Action: Approved Submitter: SFM/WG OFC Sections: 109.1 – 109.4, 102.3.1, 105.3.3.3.2, 107.6, 111.1, 901.7 Enforcement authorties, including serious hazards Proposed Change: Amend OFC language to clarify enforcement procedures and to reference necessary R.C. language as follows:

(1) 109.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. (a) 109.1.1. Imminent Hazards. Conditions or practices in any building or upon any premises which violate the state fire code and are such that a fire or explosion hazard exists which could reasonably and imminently be expected to cause death or serious physical harm shall be addressed in accordance with section 3737.44 of the Revised Code, including obtaining the authorization of the state fire marshal or chief deputy state fire marshal prior to the issuance of any oral orders directing that a building or premises be vacated immediately.

(b) 109.1.2. Distinct hazards. Structural conditions constituting a distinct hazard as described in section 102.1.1(iii) of this code shall, in addition to other remedies authorized by sections 3737.41 through 3737.51 of the Revised Code, be resolved through the issuance of a citation in accordance with section 3737.42 of the Revised Code. As described in section 102.1.1(iii) of this code, such a citation may require the application of the construction and design provisions of this code to an existing structure or condition, regardless of whether such location is in substantial compliance with the applicable version of the building code listed in 1301:7-7-80 of the administrative code.

(c) 109.1.3. Serious hazards orders. 109.1.3.1. If the state fire marshal, assistant state fire marshal, or certified fire safety inspector, upon examination or inspection, finds either of the following:

1) a structure, premise or location to be a “serious hazard” as that term is defined in this code; or

126 2) the conditions at such structure, premise or location constitute a violation of, or require the application of, paragraphs 107.6, 901.7 or 1001.2 of this code to such places;

the state fire marshal, assistant state fire marshal, or certified fire safety inspector is authorized to verbally order or order in writing, on a form approved by the state fire marshal, the structure, premise or location to comply with the fire code, including as described in sections 107.6, 901.7 or 1001.2 of this code, or otherwise abate the conditions causing the serious hazard.

(i) 109.1.3.2. After issuance, verbal orders shall forthwith be reduced to writing on a form proscribed by the state fire marshal. Once written, all orders under this paragraph shall be provided to the responsible person and prominently posted by the responsible person at the hazard site at a location observable by any members of the public at, or by any emergency responders to, the site. If no responsible person can readily be indentified, the fire code official shall post the written orders at the site. Failure to comply with an order issued under this paragraph is a violation of this code. All orders issued under this section shall be converted to a citation pursuant to section 3737.42 of the Revised Code as soon as is practicable and shall include a reference to this section (so that a responsible person may appeal such order and associated code violations in accordance with section 3737.43 of the Revised Code). If the state fire marshal, assistant state fire marshal, or certified fire safety inspector withdraws, modifies or cancels an order under this section, such official shall immediately provide written notification to the responsible person on a form proscribed by the state fire marshal.

(d) 109.1.4 General fire code enforcement (R.C. 3737.42(A)). If upon inspection or investigation, the state fire marshal, an assistant state fire marshal, or a certified fire safety inspector believes that the state fire code or associated order has been violated, including for a distinct or serious hazard, the state fire marshal, assistant state fire marshal, or certified fire safety inspector shall issue a citation to the responsible person in accordance with section 3737.42 (A) of the Revised Code and paragraph (I)(3)(109.3) of this rule.

(i) 109.1.4.1 Minor Hazards (R.C. 3737.42(B)). If a violation of this code has no direct or immediate relationship to safety or health, the state fire marshal, assistant state fire marshal, or the certified fire safety inspector may issue a notice in lieu of a citation with respect to such de minimis violation in accordance with section 3737.42 (B) of the Revised Code and paragraph (I)(2)(109.2) of this rule. If such violations are not remedied within the time frame established by the fire code official, such official may issue a citation in accordance with section 3737.42 (A) of the Revised Code.

(3) 109.3 (a) 109.1.4.1.1 Notice of de minimis violation. In accordance with section 3737.42(B), when the fire code official finds a building, premises, vehicle, storage facility or outdoor area that is in violation of this code, but such a violation has no direct or immediate relationship to safety or health, the fire code official is authorized to prepare a written notice of de minimis violation describing the conditions deemed unsafe and, when compliance is not immediate, specifying a time for reinspection.

(b) 109.3.1 109.1.4.1.2 Service. A notice of de minimis violation issued pursuant to this code shall be served upon the owner, the owner’s authorized agent, operator, occupant or other person responsible for the condition or violation, either by personal service, mail, or by delivering the same to, and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certified mail with return receipt requested or a certificate of mailing, to the last known address of the owner, the owner’s authorized agent or occupant.

127 (c) 109.3.2 109.1.4.1.3 Compliance with orders and notices. A notice of de minimis violation issued or served as provided by this code shall be complied with by the owner, the owner’s authorized agent, operator, occupant or other person responsible for the condition or violation to which the notice of violation pertains.

(d) 109.3.3 109.1.4.1.4 Remedies for noncompliance. If the notice of violation is not complied with within the specified period for abatement, the fire code official is authorized to take further enforcement actions in accordance with paragraph (I)(3)(109.4) of this rule or to request the legal counsel of the jurisdiction to institute the appropriate legal proceedings at law or in equity to restrain, correct or abate such violation of this code or of the order or direction made pursuant hereto.

(e) 109.3.4 109.1.4.1.5 Unauthorized tampering. Signs, tags or seals posted or affixed by the fire code official shall not be mutilated, destroyed or tampered with, or removed, without authorization from the fire code official.

(e) 109.1.5 Enforcement to remedy dangerous conditions (R.C. 3737.41). If the state fire marshal, assistant state fire marshal, or certified fire safety inspector, upon examination or inspection, finds a building or other structure especially liable to fire or endangers life or other buildings or property, or finds a building or any premises with combustible, explosive or flammable materials which are dangerous to the safety of persons or finds any structure, tank, container or vehicle used for the storage, handling or transportation of flammable or combustible materials to be dangerous to the safety of persons, the state fire marshal, assistant state fire marshal, or certified fire safety inspector shall issue a citation in accordance with section 3737.41 of the Revised Code and paragraph (I)(3)(109.3) of this rule. Nothing in this paragraph shall be construed as prohibiting or limiting a fire code official’s ability to take any other enforcement actions authorized by Chapter 3737. of the Revised Code, including issuance of citation pursuant to section 3737.42 of the Revised Code.

(2) 109.2 Owner/occupant responsibility. Correction and abatement of violations of this code shall be the responsibility of the owner or responsible person. If an occupant creates, or allows to be created, hazardous conditions in violation of this code, the occupant shall also be held responsible for the abatement of such hazardous conditions.

(3) 109.3 Citations and notices of hearing. Issuance and enforcement of citations and orders are regulated by sections 3737.41 to 3737.46 of the Revised Code. Citations, orders and notices of hearing shall be issued in accordance with this paragraph and Chapter 119 of the Revised Code.

(a) 109.3.1 Form of Citation. Every citation and notice of hearing shall be in writing.

(b) 109.3.2 Citation requirements. Every citation shall be issued in accordance with section 3737.41 or 3737.42 of the Revised Code.

Each citation issued under section 3737.42 of the Revised Code shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of the state fire code or associated order alleged to have been violated. In addition, the citation shall fix a reasonable time for the abatement of the violation. When the citation is issued by a certified fire safety inspector or an assistant fire marshal, a copy of the citation shall be furnished to the fire marshal.

128 (c) 104.4.2.1.109.3.3 Posting of Citation by Responsible Party. For each citation issued under section 3737.42 of the Revised Code, or a copy or copies of the citation, shall be prominently posted by the responsible person at or near each place a violation referred to in the citation occurs and shall be clearly visible to any member of the public that enters a structure or premises that is subject to the citation. Citations shall remain posted until dismissed, the state board of building appeals authorizes the removal of the posted citation or all of the hazardous conditions in the citation are verified by the issuing agency as being remedied. If a responsible party refuses or is unable to post a citation, the fire code official is authorized to post citations issued by that authority a location clearly visible to any member of the public that enters a structure or premises that is subject to the citation. (d) 109.4.3 109.3.4 Notice of Appeal. Every responsible person issued a citation under section 3737.41 or 3737.42 of the Revised Code shall be given, as provided by section 3737.43 of the Revised Code and within a reasonable time after such inspection or investigation and in accordance with Chapter 119. of the Revised Code, notice of the citation and penalty, if any, proposed to be assessed under section 3737.51 of the Revised Code, and of the responsible person's right to appeal the citation and penalty, under Chapter 119. of the Revised Code, to the state board of building appeals established under section 3781.19 of the Revised Code within thirty days after receipt of the notice.

(e) 109.4.4 109.3.5 Service of Citations. Every citation and notice of hearing shall be delivered in accordance with section 119.07 of the Revised Code. Every citation and notice of hearing shall be delivered by registered mail, return receipt requested and a copy of the notice shall be mailed to attorneys or other representatives of record representing the party. When any notice sent by registered mail, as required by sections 119.01 to 119.13 of the Revised Code, is returned because the party fails to claim the notice, the agency shall send the notice by ordinary mail to the party at the party's last known address and shall obtain a certificate of mailing. Service by ordinary mail is complete when the certificate of mailing is obtained unless the notice is returned showing failure of delivery.

If any notice sent by registered or ordinary mail is returned for failure of delivery, the agency either shall make personal delivery of the notice by an employee or agent of the agency or shall cause a summary of the substantive provisions of the notice to be published once a week for three consecutive weeks in a newspaper of general circulation in the county where the last known address of the party is located. When notice is given by publication, a proof of publication affidavit, with the first publication of the notice set forth in the affidavit, shall be mailed by ordinary mail to the party at the party's last known address and the notice shall be deemed received as of the date of the last publication. An employee or agent of the agency may make personal delivery of the notice upon a party at any time.

(e) 109.4.5 (4) 109.4 Civil penalties for violations of the Ohio Fire Code. Penalties are specified in sections 3737.51 and 3737.99 of the Revised Code. In accordance with section 3737.51 of the Revised Code, the fire code official may propose a civil penalty for each violation of this code as follows:

Any person who has received a citation for a serious violation of the fire code or any order issued pursuant to it, shall be assessed a civil penalty of not more than one thousand dollars for each such violation. i. Any person who has received a citation for a violation of the fire code or any order issued pursuant to it, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of not more than one thousand dollars for each such violation. ii. Any person who fails to correct a violation for which a citation has been issued within the period permitted for its correction, may be assessed a civil penalty of not more than one thousand dollars for each day during which such failure or violation continues.

129 iii. Any person who violates any of the posting requirements, as prescribed by division (C) of section 3737.42 of the Revised Code, shall be assessed a civil penalty of not more than one thousand dollars for each violation.

(a) 109.4.1 Appropriateness of penalty. Due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the person being charged, and the history of previous violations shall be given whenever a penalty is assessed under this chapter.

(b) 109.4.2 Serious violation. For purposes of this section, a serious violation shall be considered to exist if there is a substantial probability that an occurrence causing death or serious physical harm to persons could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use, unless the person did not and could not with the exercise of reasonable diligence, know of the presence of the violation.

(c) 109.4.3 Payment of civil penalties. Civil penalties imposed by this chapter shall be paid to the fire marshal for deposit into the general revenue fund. Such penalties may be recovered in a civil action in the name of the state brought in the court of common pleas of the county where the violation is alleged to have occurred.

(a) 102.3.1. All structures subject to this code may be occupied only in accordance with the provisions of the building code as listed in rule 1301:7-7-80 of the Administrative Code and, at a minimum, the following paragraphs: (i) New construction. Occupancy of a newly constructed structure must be in compliance with paragraph (E)(3)(c)(105.3.3) and paragraph (I)(1)(109.1) of this rule and paragraph (A)(5)(901.5) of rule 1301:7-7-09 of the Administrative Code.

(ii) Existing structures.

(a) Alterations. Any alterations to an existing structure shall be done in accordance with paragraph (B)(4)(102.4) of this rule.

(b) Change of occupancy. Any changes of occupancy to an existing structure shall be done in accordance with paragraph (B)(3)(c)(102.3.3) of this rule.

(c) General occupancy. A new or existing structure or premises may only be occupied in accordance with paragraph (E)(3)(c)(105.3.3) and paragraph (I)(1)(109.1) of this rule. No existing structure or premises or part thereof that constitutes a distinct or serious hazard to life or property or is not legally in existence at the time of adoption of this code shall be occupied.

(iii) Occupancy of any structure, premise, vehicle or location that constitutes a distinct or serious hazard to life or property is hereby declared a public nuisance.

(b) 105.3.3.3.2 The structure, premises or building, or any portion thereof, does not constitute a distinct or serious hazard to life or property in accordance with the provisions of this code.

(6) 107.6 Overcrowding. It shall be a violation of this code for a responsible person to permit or engage in the overcrowding of any structure, building or premise beyond the approved capacity of such structure, building or premise or in a manner that constitutes a hazard to the occupants of the location. Overcrowding

130 or admittance of any person beyond the approved capacity of a building or a portion thereof shall not be allowed. The fire code official, upon finding any overcrowding conditions or obstructions in aisles, passageways or other means of egress, or upon finding any condition that constitutes a life safety hazard, shall be authorized to order the event to be stopped until such condition or obstruction is corrected.

(1) 111.1 Order. Whenever the fire code official finds any work relating to the fire prevention provisions of Chapters 3781. and 3791. of the Revised Code or work subject to paragraph (D)(2)(a)(104.2.1) of this rule contrary to the approved plans or work otherwise regulated by this code being performed in a manner contrary to the provisions of the Revised Code or this code, in a dangerous or unsafe manner, the fire code official is authorized , subject to paragraph 104.2.2 of this code, to issue a stop work order in accordance with section 3781.031 of the Revised Code or this code.

Statement of Problem: The IFC organizes and creates enforcement authorities for the fire code differently than how the R.C. specifies such actions should occur. Over various editions of the OFC, the SFM has incorporated references to these R.C based enforcement authorities into the OFC. The structure and depth of the OFC now require a substantial restructuring of the ICC’s model code language to ensure that the proper Ohio standards are followed. Additionally, the OFC has traditionally referenced the term “distinct hazard” (a judicially created standard, thus it is not defined in the OFC) to apply to both the retroactive application of construction features of the OFC in accordance with the 5th Amendment and to highly hazardous occupancy situations. This dual use of the term “distinct hazard” can create confusion in how the code is to be applied and the remedy for the identified violation. The structure of the OFC also did not adequately how to address highly hazardous situations that are not imminent hazards. Thus, the SFM proposes to retain the distinct hazard phrase for construction related matters only, while creating a “serious hazard” order (“serious hazards” are defined in OFC Rule 2) to allow fire code to efficiently, including through verbal orders, address serious/highly hazardous occupancy situations. Committee Reason: Petition 113 is APPROVED. The proposed language and modifications accutratly reflect Ohio law and adds descriptions of previosuly unreferenced code sections (such as civil penalties) that should be listed in the OFC. It also provides a new category of enforcement authority for a fire code offical (a ‘serious hazard’) that more accurately reflects conditions encountered by such officals and provides enhanced authority to properly, effectively and quickly resolve such difficult situations. Petition ID: 114 Committee Action: Approved Submitter: SFM/WG OFC Sections: Section 121 – Special Provisions, including Type A and Type B Daycares, Fire Department Registry and Heroism Awards Proposed Change: Amend OFC language to incorporate ‘special provisions’ regarding certain types of conditions and occupancies and to add language regarding a fire department registry and heroism awards as follows:

(U) Section 121 SPECIAL PROVISIONS

(1) Child day-care centers and Type A family day-care homes. [See checklist published with draft 2017 OFC]

(a) 121.1.1 Minimum standards for fire prevention and safety. Pursuant to sections 3737.83(E) and 5104.05 of the Revised Code, this code shall constitute the minimum standards for fire prevention and fire safety in child day-care centers and in Type A family day-care homes.

(b) 121.1.2 Annual inspection. Pursuant to section 5104.05 of the Revised Code, the state fire marshal or the fire chief or fire prevention officer of the municipal corporation or township in which the child day-care center or the type A family day-care home is located shall inspect the type A home annually to determine if the type A home is in

131 compliance with rules promulgated by the fire marshal pursuant to section 3737.83 of the Revised Code regarding fire prevention and fire safety in a type A home.

(i) 121.1.2.1 Inspection authority. Pursuant to section 5104.051 of the Revised Code, the state fire marshal is responsible for the inspections required by divisions (A)(2) and (B)(1) of section 5104.05 of the Revised Code. In municipal corporations and in townships outside municipal corporations where there is a fire prevention official, the inspections shall be made by the fire chief or the fire prevention official under the supervision of and according to the standards established by the state fire marshal. In townships outside municipal corporations where there is no fire prevention official, inspections shall be made by the employees of the state fire marshal.

(ii) 121.1.2.2 Conflicting interpretations of fire safety statutes or rules. Pursuant to section 5104.051 of the Revised Code, the state fire marshal shall enforce all statutes and rules pertaining to fire safety and fire prevention in child day-care centers and type A family day-care homes. In the event of a dispute between the state fire marshal and any other responsible officer under sections 5104.05 and 5104.051 of the Revised Code with respect to the interpretation or application of a specific fire safety statute or rule, the interpretation of the state fire marshal shall prevail.

(c) 121.1.3 Applicability of this code. To the extent that a Type A family day-care home is exempt from classification in a specific occupancy classification in the building code as listed in 1301:7-7-80 of the Administrative Code, the structure housing the Type A family day-care home is exempt from compliance with the construction and design provisions of this code, except as described in this paragraph, for such occupancy classifications unless such locations constitute a distinct hazard. All operational and maintenance provisions of this code shall apply to all Type A family day-care homes.

(i) Compliance with this code. All Type A family day-care homes shall comply with the Type A checklist listed in Appendix A to this rule. All Ohio Fire Code sections listed or incorporated into that checklist shall apply to all Type A family day-care homes and such sections may be used as the basis for all fire code enforcement actions permitted under this code. It shall be a violation of this code to occupy or permit occupancy of a Type A daycare in violation of this paragraph, the Type A checklist and its incorporated fire code provisions or the operational and maintenance provisions of this code.

(2) 121.2 Type B family daycares. [See checklist published with draft 2017 OFC]

(a) 121.2.1 Inspection. The fire marshal, upon request of a provider of child care in a type B home that is not licensed by the director of job and family services, as a precondition of approval by the state board of education under section 3313.813 of the Revised Code for receipt of United States department of agriculture child and adult care food program funds established under the "National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, shall inspect the type B home to determine compliance with rules adopted under section 5104.052 of the Revised Code regarding fire prevention and fire safety in licensed type B homes.

(i) Inspection authority. In municipal corporations and in townships where there is a certified fire safety inspector, the inspections shall be made by that inspector under the supervision of the fire marshal, according to rules adopted under section 5104.052 of the Revised Code. In townships outside municipal corporations where there is no certified fire safety inspector, inspections shall be made by the fire marshal.

(b) 121.2.2 Applicability of this code. To the extent that a Type B family day-care home is exempt from classification in a specific occupancy classification in the building code as listed in 1301:7-7-80 of the administrative code, the structure housing the Type B family day-care home is exempt from compliance with the construction and design provisions of this code, except as described in this paragraph, for such occupancy classifications unless such locations constitute a distinct hazard. All operational and maintenance provisions of this code shall apply to all Type B family day-care homes.

132 (i) 121.2.2.1 Compliance with this code. All Type B family day-care homes shall comply with the Type B checklist listed in Appendix B to this rule. All Ohio Fire Code sections listed or incorporated into that checklist shall apply to all Type B family day-care homes and such sections may be used as the basis for all fire code enforcement actions permitted under this code. It shall be violation of this code to occupy or permit occupancy of a Type B daycare in violation of this paragraph, the Type B checklist and its incorporated fire code provisions or the operational and maintenance provisions of this code.

(3) 121.3 Residential facilities.

(a) 121.3.1 Minimum standards for fire prevention and safety. Pursuant to section 3737.83(F) of the Revised Code, the state fire marshal shall establish minimum standards for fire prevention and safety in a residential facility licensed under section 5119.34 of the Revised Code that provides accommodations, supervision, and personal care services for three to sixteen unrelated adults. The fire marshal shall adopt such rules in consultation with the director of mental health and addiction services and interested parties designated by the director of mental health and addiction services.

(b) 121.3.2 Applicability. This code shall apply to residential facilities.

(i) 121.3.2.1 Residential facility. A residential facility is a facility that is licensed under section 5119.34 of the Revised Code that provides accommodations, supervisions, and personal care services for three to sixteen unrelated adults.

(4) 121.4 Homes, including nursing homes, residential care facilities, homes for the aging, and veterans’ homes.

(a) 121.4.1 Enforcement and resolution of conflict. Pursuant to section 3721.032 of the Revised Code, the state fire marshal shall enforce all statutes and rules pertaining to fire safety in homes and shall adopt rules pertaining to fire safety in homes as the marshal determines necessary. The rules adopted by the marshal shall be in addition to those fire safety rules that the board of building standards and the director of health are empowered to adopt. In the event of a dispute between the marshal and another officer having responsibilities under sections 3721.01 to 3721.09 of the Revised Code with respect to the interpretation or application of a specific fire safety statute or rule, the interpretation of the marshal shall prevail.

(i) 121.4.1.1 Homes. Pursuant to section 3721.01 of the Revised Code, a “home" means an institution, residence, or facility that provides, for a period of more than twenty-four hours, whether for a consideration or not, accommodations to three or more unrelated individuals who are dependent upon the services of others, including a nursing home, residential care facility, home for the aging, and a veterans' home operated under Chapter 5907. of the Revised Code.

(a) "Home" also means both of the following:

1. Any facility that a person, as defined in section 3702.51 of the Revised Code, proposes for certification as a skilled nursing facility or nursing facility under Title XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and for which a certificate of need, other than a certificate to recategorize hospital beds as described in section 3702.521 of the Revised Code or division (R)(7)(d) of the version of section 3702.51 of the Revised Code in effect immediately prior to April 20, 1995, has been granted to the person under sections 3702.51 to 3702.62 of the Revised Code after August 5, 1989;

2. A county home or district home that is or has been licensed as a residential care facility.

(b) 121.4.2 Inspection. Pursuant to section 3721.02 of the Revised Code, the state fire marshal or a township, municipal, or other legally constituted fire department approved by the marshal shall also inspect a home prior to issuance of a license, at least once every fifteen months thereafter, and at any other time requested by the director.

133 (i) 121.4.2.1 Residential care facilities. Pursuant to section 3721.07 of the Revised Code, every person desiring to operate a home and the superintendent or administrator of each county home or district home for which a license as a residential care facility is sought shall apply for a license to the director of health. The director shall issue a license for the home, if after investigation of the applicant and, if required by section 3721.02 of the Revised Code, inspection of the home, the buildings in which the home is housed have been approved by the state fire marshal or a township, municipal, or other legally constituted fire department approved by the marshal. In the approval of a home such agencies shall apply standards prescribed by the board of building standards, and by the state fire marshal, and by section 3721.071 of the Revised Code.

(c) 121.4.3 Automatic fire extinguishing and fire alarm systems. Pursuant to section 3721.071 of the Revised Code, homes must be equipped with both automatic fire extinguishing and fire alarm systems. Such systems shall conform to standards set forth in the regulations of the board of building standards and the state fire marshal.

(i) 121.4.3.1 Time for compliance. The time for compliance with the requirements imposed by this section shall be January 1, 1975, except that the date for compliance with the automatic fire extinguishing requirements is extended to January 1, 1976, provided the buildings of the home are otherwise in compliance with fire safety laws and regulations and:

(a) The home within thirty days after August 4, 1975, files a written plan with the state fire marshal's office that:

(1) Outlines the interim safety procedures which shall be carried out to reduce the possibility of a fire;

(2) Provides evidence that the home has entered into an agreement for a fire safety inspection to be conducted not less than monthly by a qualified independent safety engineer consultant or a township, municipal, or other legally constituted fire department, or by a township or municipal fire prevention officer;

(3) Provides verification that the home has entered into a valid contract for the installation of an automatic fire extinguishing system or fire alarm system, or both, as required to comply with this section;

(4) Includes a statement regarding the expected date for the completion of the fire extinguishing system or fire alarm system, or both.

(b) Inspections by a qualified independent safety engineer consultant or a township, municipal, or other legally constituted fire department, or by a township or municipal fire prevention officer are initiated no later than sixty days after August 4, 1975, and are conducted no less than monthly thereafter, and reports of the consultant, fire department, or fire prevention officer identifying existing hazards and recommended corrective actions are submitted to the state fire marshal, the division of industrial compliance in the department of commerce, and the department of health.

It is the express intent of the general assembly that the department of medicaid shall terminate the medicaid provider agreements of those homes that do not comply with the requirements of this section for the submission of a written fire safety plan and the deadline for entering into contracts for the installation of systems.

(d) 121.4.4 Applicability of this code. This code shall apply to all homes.

(5) 121.5 Fire Department Registry. The state fire marshal shall develop and maintain a registry of all properly constituted fire departments in this state. For the purposes of this paragraph, a fire department includes a fire department of a political subdivision or fire district of this state, a private volunteer fire company or other state or political subdivision firefighting agency as determined by the State Fire Marshal. This registry shall not be deemed to be a State Fire Marshal approval, authorization or assertion, in any manner, of control over such departments.

Each fire department in this state shall provide the state fire marshal with and maintain the following fire department information: full name of the fire department, full name of the chief of the fire department, the postal address,

134 telephone number, e-mail address and a general statement of jurisdictional boundaries for the fire department and any other information the state fire marshal determines must be included in the registry. Each fire department shall also provide a single, primary point of contact for the registry. All fire departments subject to this section shall notify the state fire marshal of and provide updated registry information to the state fire marshal within thirty days after the date of any changes to that fire department’s registry information.

(6) 121.6 Fire Department Heroism Awards The fire marshal may, at any time, issue commendations that recognize and commemorate exemplary accomplishments and acts of heroism by firefighters and other persons at fire-related incidents or similar events occurring in the state.

Statement of Problem: The R.C. contains multiple special provisions that direct how the SFM is to address certain types of conditions and occupancies. Previous editions of the OFC did not fully incorporate the details of such provisions into the OFC or referenced these matters at various locations in the OFC, leading to misunderstandings about the scope of SFM or OFC authority for such conditions and occupancies. The SFM proposes to create a special conditions section to address these and other unique matters, including Type A and B daycares, residential facilities and nursing homes. The initial parts of this section simply restate longstanding SFM or fire code official authority at such locations as provided for in the R.C. and do not create any new substantive rules.

For Type A and Type B daycares, all parts of the existing fire code apply to such sites. To better harmonize the OFC with the OBC for such locations and existing practices in some parts of the state, and also give the fire code official specific fire safety rules to enforce to ensure a minimal level of life safety exists at such locations, the SFM proposes that such facilities not be recognized under the potentially applicable occupancy and use groups (and accompanying safety requirements) listed in OFC Rules 2, 9 and 10 (or the mirroring sections of the OBC); instead, the fire code official will be authorized to enforce a more limited set of safety standards referenced in a safety checklist, previously developed in consultation with the BBS, for such sites as will now be incorporated into the OFC. The checklists are published along with the draft of the 2017 OFC for review. ju

The SFM proposes to create a statewide fire department registry to ensure better communication between the SFM and such departments for matters as varied as statewide safety alerts, mutual aid coordination, training program announcements and grant application announcements.

The SFM also proposes to be allowed to recognize fire incident related acts of heroism. Committee Reason: Petition 114 is APPROVED. A special provisions section of the OFC is necessary to ensure clarity and proper application of R.C. authority. The specific types of special provisions listed in OFC 121 are approved for the reasons stated in the petition. Petition ID: 115 Committee Action: Approved Submitter: SFM/WG OFC Sections: 3301.1.3 Proposed Change: Amend OFC Rule 33 to as follows:

The possession, manufacture, storage, sale, handling, exhibition and use of fireworks are prohibited except as permitted in accordance with Chapter 3743. of the Revised Code and this rule. Matters relating to the construction and operation of a fireworks retail sales showroom subject to sections 3743.04(B) or 3743.25 of the Revised Code shall comply with NFPA 1124 (2006 Edition) as listed in rule 1301:7-7-80 of the Administrative Code. All other references to NFPA 1124 in this rule shall mean NPFA 1124 (2015 Edition) as listed in rule 1301:7-7-80 of the Administrative Code.

135 Statement of Problem: R.C. sections 3743.05 and 3743.18 direct the SFM to consider incorporating NFPA 1124 standards into the OFC sections regulating certain aspects of fireworks activities and operations. However, the NFPA removed references to various retail store safety provisions in its most recent editions of NFPA 1124, including NFPA 1124 (2015 Edition). If the SFM were to adopt the most recent version of NFPA 1124 for fireworks in its entirety into OFC Rule 33 (which will move to Rule 56 in the 2017 OFC), a substantial regulatory gap would occur as many longstanding safety rules for fireworks retail showrooms would disappear. Thus, the SFM proposes to retain existing NFPA 1124 based retail showroom provisions as outlined in NFPA 1124 (2006 Edition) as incorporated into the 2011 OFC and only update its reference to NFPA 1124 to the 2015 edition for other matters not related to retail showrooms. This will not create new substantive safety provisions for retail showrooms. Committee Reason: For the reasons stated above, Petition 115 is APPROVED. Petition ID: 116 Committee Action: Approved Submitter: SFM/WG OFC Sections: 3325.1 Proposed Change: To conform to recent changes to Ohio law, amend OFC section 3325.1 (to be located in Rule 56) as follows:

5625.1 If a person is required by the Revised Code or OAC 1301:7-7-56 to possess or display a license or permit issued or authorized pursuant to Ohio Revised Code Chapter 3743 to acquire, display, possess, store or transport fireworks, such person shall maintain a copy of that license at all times that person engages in any activity regulated by this rule. For all license or permit holders, other than a licensed manufacturer or wholesaler of fireworks, a copy of such license or permit must be maintained with the fireworks associated with the license or permit and provided to any law enforcement or fire officials upon request.

(1) 5625.1 Purchaser form. The purchaser form for each retail or wholesale sale of fireworks to both residents and non-residents of this state shall be prescribed by the state fire marshal and provided by the seller to each purchaser. A copy of the purchaser form utilized by each seller shall be provided to the state fire marshal upon request. The form shall include, but not be limited to, the following information: (a) The purchaser’s name and address; (b) The date of the purchase; (c) A statement that the purchaser acknowledges that the purchaser is responsible for any illegal use of the fireworks, including any damages caused by their improper use; (d) For a sale to a manufacturer, the name of the state and number of the purchaser’s license or permit from that state or other verifying information authorizing the purchaser to manufacture; (e) For a sale to a wholesaler, the name of the state and the number of the purchaser’s license or permit from that state or other verifying information authorizing the purchaser to sell at wholesale; (f) For a sale to an exhibitor from another state, the name of the state and the number of the purchaser’s license or other verifying information authorizing the purchaser to conduct fireworks exhibitions, and, if applicable the permit information for the exhibition for which the fireworks are being purchased; (g) For a sale at retail to an individual other than a wholesaler, manufacturer or exhibitor, the number of the purchaser’s motor vehicle operator’s license or other valid state issued identification card; (h) The purchaser’s signature; (i) A statement printed in bold letters indicating that knowingly making a false statement on the purchaser’s form is falsification under section 2921.13 of the Revised Code and is a misdemeanor of the first degree; and (j) Such other information as the state fire marshal may require. (2) 5625.2 Purchaser responsibilities. As required by the Revised Code, a purchaser of fireworks in this state shall legibly complete a firework’s purchaser form, as prescribed by the state fire marshal, for each fireworks sales transaction engaged in by the purchaser in this state. The purchaser shall provide the information

136 requested by the state fire marshal on the purchaser form provided by the seller, including, but not limited to, the purchaser’s name, address, and drivers license number. The purchaser’s copy of the completed purchaser form must accompany the purchased fireworks, must be attached to an invoice itemizing the quantity of fireworks purchased, and the amount of the sales transaction and must be made available upon request by a law enforcement officer or fire authority. The purchaser shall indicate on the purchaser’s form whether the purchase is a retail sale or a wholesale sale. The purchaser is responsible for any illegal use of the fireworks purchased, including any damages caused by their improper or illegal use. The purchaser shall be responsible for the transportation of the fireworks so purchased directly out of this state within forty-eight hours after the time of their purchase. (3) 5625.3 Manufacturer or wholesaler responsibilities. For each fireworks sales transaction conducted pursuant to section 3743.04 (C) or 3743.17 (C) of the Revised Code, the seller shall do the following:

(a) 5625.3.1 Furnish a copy of the purchaser’s form as prescribed by the state fire marshal to each purchaser for each fireworks sales transaction; (b) 5625.3.2 Verify that the purchaser fully and legibly completes the purchaser’s form; (c) 5625.3.3 Attach to the purchaser’s copy of the purchaser’s form an invoice itemizing the quantity of fireworks purchased and the amount of the sales transaction; (d) 5625.3.4 For each transaction that requires the completion of a purchaser’s form, the seller shall maintain a readily identifiable record of the invoice itemizing the quantity of fireworks purchased and the amount of the sales transaction; (e) 5625.3.5 Maintain the seller’s copy of each purchaser’s form and invoice for a period of three years after the date of the purchase and open to inspection by the state fire marshal or the state fire marshal’s designated authority. Statement of Problem: This existing OFC provisions describing purchaser forms was rendered obsolete by the passage of HB 64 of the 131st General Assembly. The replacement language clarifies that copies of other required fireworks related licenses and permits must be properly maintained at all times, kept with the fireworks associated with the license permit and displayed by the holder to law and fire officials upon request. Committee Reason: For the reasons stated above, Petition 116 is APPROVED.

137