n o v e m b e r building blocks supporters i deserve it! · 2014-11-03 · building blocks...

November, 2014 B U I L D I N G B L O C K S

Building Blocks Supporters

84 Lumber

All Construction Services

Carter Lumber

Graves Lumber

Home Savings

ID Creative Group, Limited

Paramount Plumbing, Inc.

Stouffer Realty, Inc.

The Allen Thomas Group

Third Federal Savings & Loan Association

Transfer Title Agency

Westfi eld Bank

Wolff Bros. Supply, Inc.

Yorktowne Heating & Air Conditioning

N o v e m b e r2 0 1 4

In This Issue ...Legislative News – Call

Before You Dig SB378 Info

2014 Fall Parade of Homes Sponsor Thank you!

Financial Forecast 2015 Info

Elections Important for Many Reasons (OHBA)

& Much More!

MONTHLY MEMBER MAGAZINE VOL. 23 – ISSUE 11

(Article continued on page 3)

I Deserve It!The Features that Sell Homes in Today’s MarketBy Jerry Gloss, AIA, CAASH

Buyers are looking for “difference makers” in home design today — elements that meet their need to feel special and pampered. Here’s how to include those stand-out features.

Four years ago, in the midst of the recession, the battle cry in housing was “Price Point!” Thankfully, times have changed; the economy has improved and buyers are in search of value. While remaining cautious conservative, buyers are looking for the merger of price point and “design difference makers” that provide them something new, different, and special.

To address this trend, our fi rm has begun integrating what we call “I Deserve It Features” into our designs. These often become features that buyers use to identify and differentiate our builder clients in the market.

The notion of “I Deserve It Features” was fi rst identifi ed back in 1991 by trend forecaster Faith Popcorn and the concept rings true today. Popcorn observed that consumers want more than strict utility; they want to be pampered and nourished

B U I L D I N G B L O C K S November, 2014

Kenneth Cleveland 1,051.5* Bob Knight 91.5 Bill Post 66.5* John Sumodi 30 Russ Sturgess 29 Doug Leohr 20 Mark Zollinger 8.5 Ed Belair 3.0 Mike Hudak 2 Greg Thomas 1.5 Todd Scott 1 Ted Curran 1

Above list has been updated via the most current NAHB Spike Club Roster Report *Current Life Spike status

www.allconstructionohio.com




www.homesavings.com/ConstructionLoansCleveland


Page

Cover: I Deserve It! Features That Sell Homes in Today’s Market ......................................... Cover,3,7,8,9

Spike Club Update ...................................................................................2

Legislative News ...................................................................................4,6

Member News ..........................................................................................6

BWC Announces Mandatory Group Sponsor Training Dates .......................................................................6

Executive Director’s Letter .......................................................................7

2015 Financial Forecast Info ..................................................................10

Parade Homes – Sponsor Thank You! .............................................. 11-12

Elections Are Important For Many Reasons ..........................................14

Thank You Ken Cleveland .....................................................................15

Court Documents – SB 378 Revisions to ORC........................................................................ 17-35

7 4 8 N . C O U R T S T . • M E D I N A , O H 4 4 2 5 6Formerly Medina County Title Agency, Inc. Locally owned and operated since 1967.

Mon. – Fri. 8:30 am – 5 pmEvening/Sat. closings by appt.

Medina ..................(330) 725-4214Cleveland ..............(330) 273-2943Toll Free ................(800) 635-5512Fax ........................(330) 725-3145

www.transfertitle.com

Complete Real Estate Title & Escrow Service Now Serving All of Ohio

Lee T. Skidmore, Esq., PresidentRobert C. Skidmore, Esq., V.P.

Title Insurance Policies Issued with Chicago Title

Insurance Company & Old Republic Title

Buying, Selling, Building

or Refi nancing?Transfer Title is your local Title Company!

(Cover story continued on page 7)

(Cover story continued)

by their purchase. Where else better to apply this notion than in the home? “I Deserve It Features” are an indulgence, an emotional reward that goes beyond standard amenities

and accessories. And no, these aren’t just skin deep; there is no lasting satisfaction in mere tinsel.

Home buyers still want value, but what do “I Deserve It Features” mean to the builder? They provide

www.paramountplumbinginc.com







Your MCHBA member dues also cover these memberships:

4083 N. Jefferson Street(located behind Kohl’s on Rt. 42)

Medina, OH 44256

Phone: 330/725-2371Fax: 330/725-0461

[email protected]

John Sumodi, PresidentJeremy Krahe

Michael HudakGreg Thomas

Douglas KrauseDoug Leohr

Katie WilliamsJeff Barnes

David LeHotan

Jeremy KraheJohn SumodiGreg Thomas

Safety & TrainingSales & Marketing

Government AffairsBuilding Codes

Subdivision RegulationsKatie Williams, Membership

Parade of Homes

Committees

Trustees

BoardofDirectorsN

E

W

SDepartment Of Health Onsite Septic Rules To Become Effective Jan 1st

Seven years after the General As-sembly blocked regulations setting state-wide standards for home septic systems, JCARR allowed the Department of Health’s revised rules to take effect. The ODH rules are designed to reduce the risk of exposure to sewage from failing septic systems. According to ODH’s business impact analysis, the rules establish new modern standards for system construc-tion, alteration and maintenance when a system fails or breaks and must be altered or replaced, or a when a new system is installed. A representative from ODH at-tended a recent OHBA Board meeting to help clear up misconceptions and answer any questions on the new rules. Having gone through JCARR, the agency’s rules are set to take effect January 1, 2015.

Early Stakeholder Comments Submitted On OEPA NPDES Rules

Early stakeholder outreach is a require-ment of the Common Sense Initiative (CSI) Process, where the agency solicits comments on rules without having pro-posed any draft language. Comments are to be focused on potential issues with the rule or suggestions on changes to consider when drafting new rule language. OHBA strongly discouraged the OEPA from developing numeric standards for phos-phorous and nitrogen when developing

its nutrient water quality criteria. Other concerns raised in the comments related to possible changes in the rule for inclusion of any “green” infrastructure practices as new storm water BMP’s (bio-swales, rain garden, permeable pavement, etc). We raised several potential issues with such practices and posed several questions on “green” infrastructure regarding cost, maintenance and effectiveness. Lastly, OHBA encouraged the agency to reach out when draft rule revisions are available to participate in ongoing discussions.

Please contact OHBA directly with any questions.

OHBA Facilitates Meeting With Developer and EPA To Question Mitigation Authority

When a developer from the Canton area requested explanation on potential mitigation requirements from the OEPA, OHBA interceded and set up a meeting with the agency for further clarifi cation. After being told by the US Corp a section of the property was non-jurisdictional and classifi ed as an agricultural ditch, the OEPA attempted to take jurisdiction to require mitigation under the state’s own classifi cation of the ‘stream’. However, currently there are no rules in place to regulate this type of isolated ‘stream’, thus no way to predict or plan for such a feature on a property. After explaining the situ-ation further and asking for more details on where OEPA was getting its authority to require certain amounts of mitigation, a determination was made it did not appear that the ephemeral stream/isolated ditch in question would require any type of miti-gation from the state. This was a real life example OHBA was able to bring to the attention of the agency where the agency was attempting to act outside its scope of authority under the rule. Hundreds of thousands of dollars were potentially saved and the development may have a more viable chance of moving ahead.

Please contact OHBA with further questions.

(Legislative News – Cont’d on page 6)


LOTS AND ACREAGE

FAIRLAWN2830 Erie: .75 acre lot on dead end street in Fairlawn. Minutes to shopping/dining. Copley-Fa i r l a w n C S D. $ 5 9 , 9 0 0 . Ryan Shaffer 330-329-6904.294 Corunna Ave: Rare corner lot in Fairlawn. Quiet street. Walk to park. Public utilities. Copley-Fairlawn CSD. $44,900. Ryan Shaffer 330-329-6904.

GRANGERMillers Meadow: 6 beautiful lots remaining, 3.5 to over 10 acres. Public water. Bring your own builder & create the home of your dreams. Highland LSD. Starting at $75,000. Gary Stouffer 330-835-4900.

2+ acre lots in Granger Meadows starting at $39,900. Also 42.6 ac in Granger Twp $275,000. Bill Nice 330-571-4516.

Western Reserve Homestead:

S/L 7 Windfall Rd. 2 acres $69,000.

S / L 9 G r a n g e r R d . 2 . 8 5 acres $49,900. Gary Stouffer 330-835-4900.

MEDINA/LAFAYETTE TWP.

Dover Highlands: .3 ac lots available. Bring your builder or use preferred builder to affordably build the home of your dreams. Water/sewer. $49,500. Kathy Mansfi eld-Kimble 330-813-3072.7440 Chippewa: 2 acre wooded lot, babbling brook. Only 10 min. from Downtown Medina. Bring your own builder. Cloverleaf LSD. $39,900. Ryan Shaffer 330-329-6904.

MONTVILLEMaplewood Farm Development offers 13 beautiful lots, 2+ acres each, Medina Schools and septic approved starting at $39,000. Tom Boggs 330-322-7500 or Gary Stouffer 330-835-4900.

RICHFIELDGlencairn Forest: Lots ranging from $109,900 to $295,000. Breathtaking views. Scenic waterfalls, babbling brooks, lakes, stunning homes. Water/sewer, tennis courts, playground. Easy access to 77 & 271. Laura Horning Duryea 330-606-7131 or Gary Stouffer 330-835-4900.

3601 W Streetsboro Rd: 10+ acres. 8-stall horse barn w/arena. Scenic rear ravine and rolling fields in the front. Nestled against Summit County Metro Parks. Bring your own builder. Gary Stouffer 330-835-4900.

Tom Boggs – [email protected]

Laura Horning Duryea – [email protected]

Regran Leedy – [email protected]

Kathy Mansfi eld – kathymansfi [email protected]

Bill Nice – [email protected]

Ryan Shaffer – [email protected]

Gary Stouffer – [email protected]

2802 Southern Rd.: 15+ acres. Wooded. Mineral rights. Revere LSD. $180,000. Gary Stouffer 330-835-4900.

4535 Killarney Dr.: 3 .62 acres , wooded lot, Revere Schools. $74,900. Gary Stouffer 330-835-4900.

Glencairn Forest 3621 Hamilton Dr. S/L 57: 1.26 acre. $139,900. Gary Stouffer 330-835-4900.

SHARON TOWNSHIP

The Ridge 5840 Spring Ridge Dr.: 2.36 acres. $85,000. Gary Stouffer 330-835-4900.

Sharon Hts Development: 20+ lots remain. Well & septic. 2+ acres. Highland LSD. Many lots w/walkout potential. Scenic views w/privacy. Lots starting at $62,650. Gary Stouffer 330-835-4900.

Blue Ridge Estates: VL 15 Irene Rd. & Osage Trail 2 acres $69,000.

Blue Ridge Estates S/L 10 Gridle Rd & Irene: 2+ ac lot with scenic views. Well & septic. $59,900. Kathy Mansfi eld-Kimble 330-813-3072.

WADSWORTH1973 Greenwich Rd.: 58 acres in prime location. Water & sewer close. House, bank barn & other detached structures located on 6.5 ac parcel. Additional land possible. $1,200,000. Kathy Mansfi eld-Kimble / Bud Wenger 330-813-3072 or 330-714-4260.

Email Our Agents:

www.StoufferRealty.com

Fairlawn/Medina: 330-835-4900Stow: 330-564-0711

Brimfield: 330-677-3430Green: 330-896-1606

www.stoufferrealty.com

www.stoufferrealty.com


Alpha Insulation and Gutters – Wadsworth

MAS, Inc. – Richfi eldRalph Baratko Excavating, Inc. –

Spencer

Renewed Associates

Charis Homes LLC – N. CantonMason Builders – Valley CityR. C. Walker Ltd. – Seville

Renewed Builders

New Builder Members

Calvin Smith, Inc. DBA Calvin Smith Builders

612 N. Center St.LaGrange, OH 44050Contact: Calvin SmithPhone: 440-328-5491Email: [email protected]: John SumodiBusiness: Residential building

Straub Homes, Inc.9101 Fulton Rd.Sterling, OH 44276Contact: Jeffrey StraubPhone: 330-446-2468Email: [email protected]: www.straubhomes.usSponsor: John SumodiBusiness: Residential building

New Associate Member

Stout Lumber8007 Norwalk Rd.Litchfi eld, OH 44253Contact: Gary StoutPhone: 330-722-8733Email: [email protected]: John SumodiBusiness: Construction and building

materials, lumber, etc.

Call Before You Dig Legislation Introduced In The Senate Requiring Registration And Fee For All Excavators And Developers Participating In OUPS

Senator Coley introduced SB 378 recently to establish an enforcement mechanism for the existing Call Before You Dig law. He has indicated he plans on pushing the OUPS legislation during the upcoming lame duck session. The draft bill focuses on full enforcement of basic provisions of the OUPS law (ORC 153.64, 3781.27, 3781.28 to 3781.32). OHBA has met with Coley and been involved in interested party meetings leading up to the bill’s introduction. So far, we have raised concern with the need to limit rulemaking authority given to the PUCO, as the enforcement agency, and new registration requirements set out in the language below. OHBA plans to continue working with Sen. Coley. Please feel free to contact OHBA with questions and concerns. A copy of all the language in SB 378 has been included. See pages 17 thru 35.

Sec. 4913.03. Each utility, excavator, developer, and designer who participates in the one-call notifi cation system shall register with the public utilities commission and pay a safety registration not to exceed fi fty dollars annually, which the commission may lower if the commission determines lowering the reg-istration to be necessary. The amounts shall be used to fund the operation of the underground technical committee, created under section 3781.34 of the Revised Code, and the com-mission in the performance of duties under this chapter. The commission shall administer and oversee the registration process. Failure to register shall result in a fi ne of not more than two thousand fi ve hundred dollars.

Other Upcoming Issues

As the lame duck session approaches, OHBA has been in contact on several issues potentially moving after the elec-tion. Discussions on MBR Environment (HB 490), including proposed increased

penalties for violation of sections of the water pollution law will continue into lame duck. OHBA has had meetings with the OEPA on the new penalty provisions in the bill. The new provisions would give the OEPA authority to pursue certain violations criminally. OHBA continues to work on language to limit the scope of this authority, as it currently would apply to smaller contractors and more mundane regulatory violations in the same manner as the very egregious situations trying to be addressed by the agency.

SB 351 Roofer Licensing (Patton, T.) would require roofi ng contractors to have a license. SB 351 adds roofi ng contractors to the already existing OCILB specialty contractor licensing requirements. OHBA is working with the sponsor to ensure the intention is clarifi ed for application to commercial and industrial structures. The sponsor contacted OHBA for feedback on the current language.

HB 140 Residential Construction (Pat-mon, B.) Following a news story over the summer indicating potential movement in the House and Senate during the lame duck session, OHBA has been in constant contact with both Rep. Young and Senator Eklund on their intentions to move a bill in the coming months. Both Young and Eklund have focused in on a more simple registration type regulation, and OHBA expects to hear more from Rep Young following the Nov. 4th election.

Please feel free to contact OHBA with any questions.

OHBA Fall Board Of Trustees Meeting

Information has been emailed on the Fall Board of Trustees Meeting for Wednesday, November 12th at the Hilton Easton in Columbus.

If you need a sleeping room, contact the Hilton at (800)445-8667 by October 21st to reserve your room today.

Thank you to our sponsors Ohio Wetlands Foundation and CCI Workers’ Comp. provider.

If you have any questions regarding the meeting, please contact OHBA at (800)282-3403 ext. 1.

(Legislative News – Cont’d from page 4)


Members and Friends:

It has been a while since those of us in the residential building industry have been confi dent about the future, but as you will read in the following article below, the Builder Confi dence level has returned to the 2005 level. Sure feels good to get back to “normal.”

Builder Confi dence Hits Highest Level Since November of 2005

NAHB reports September 17, 2014, Builder confi dence in the market for newly built, single-family homes rose for a fourth consecutive month in September to a level of 59 on the National Association of Home Builders / Wells Fargo Housing Market Index (HMI). This latest four-point gain brings the index to its highest reading since November of 2005.

“Since early summer, builders in many markets across the nation have been reporting that buyer interest and traffi c have picked up, which is a positive sign that the housing market is moving in the right direction,” said NAHB Chairman Kevin Kelly.

Respectfully:

Dave LeHotanVolunteer Executive Director

From the Executive Director(Cover story continued from page 3)

(Cover story continued on next page)

a tantalizing invitation, motivation, and excitement for today’s discerning buyer. “I Deserve It Features” put the “wow” in a home that sets the standard — the high water mark — for the buyer as they compare the competition. Builders incorporating these features into their homes will separate themselves from the rest of the market.

Here are fi ve value-based design attributes for today’s market:

1. Enduring Design: This allows owners to remain in the home for longer periods of time — perhaps from kindergarten to cap and gown — without the need to move. The home fl exes to a family’s changing needs. Enduring design enhances functionality of the home.

2. Enhanced Specifi cations: Buyers notice and are willing to pay for higher quality materials and sustainability-based construction.

3. Lifestyle Focused Spaces: Designs must integrate the rooms, spaces, and features of today’s lifestyles and market segments.

4. Flex Spaces: Found throughout the home, these spaces can support a wide range of uses that can be determined by the buyer based on need and timing.

5. Special Feeling Spaces: These provide opportunities for escape and rejuvenation, a chance to nurture the soul. These spaces take you away from the rat race...if only for a few minutes.

Here’s how we incorporate these value-based design attributes into our plans and create “I Deserve It Features” (IDIF):

The Kitchen: This area is the most signifi cant lifestyle-focused space in the home; it is the crossroads of the home, serving as a place for

www.idcreativeltd.com




34457 E ROYALTON ROADCOLUMBIA STATIO, OH 44028

P: 440-748-2104 | F: 440-748-3688748 2104 | F: 440 74884lumber.com

34457 E ROYALTON ROAD34457 E ROYALTON ROADCOLUMBIA STATIO,, OH 44028

P: 440 8-3688-748-2104 | F: 440-748

kids’ homework, family discussions, entertainment, and home management, in addition to food prep and dining. Upgrades in materials and appliances are a great opportunity to utilize IDIF. Consider substituting recycled glass or polished concrete in place of granite counters giving your buyer an opportunity to be green. Added design features such as entertainment centers and replacing the underused butler’s pantry with a kitchen alcove are considerations of today’s lifestyles. Builders and architects should use the kitchen to apply attributes 1, 2, and 3 listed above.

The Master Bath has become the spa bath; no news here. Escape, nurture, and personality are words describing the function of the bathroom beyond utility. Fixtures are works of art. Finishes rival those of a hotel spa. Glass-wrapped showers appointed with benches and overhead showerheads add sophistication. The master tub seems to be disappearing. (Is it the living room of this decade?)

The master bath of today allows us to remove ourselves from the bustle and demands of the outside world…if only for a brief time. Apply attributes 1, 2, 3, and 5 above in designing the master bath and specifying fi nishes and fi xtures.

Flex Rooms: A room or space that your buyer can customize and make their own: These spaces, typically located in the informal part of the home, fl ex in a number of ways. They may take the form of an enlarged owner’s entry, a second study, a music alcove off the family room, a kids’ electronic gaming room, a study area, or a project room. This room stands ready to serve multiple uses over the life span of ownership, providing optimal use and re-use. Attributes 1, 3, and 4 above can be applied when designing fl ex rooms.

The Owners’ Entry is a highly-used portal between the garage and home. When properly located and

(Cover story continued from page 7)

(Article concluded on next page)

www.84lumber.com

www.84lumber.com


(Cover story continued from page 8)

appointed with design features, it becomes the Grand Central Station of a busy family. Organization accessories, storage, benches, and counters stand out as details that make this zone particularly useful. This area can also serve as a home management hub and even include a project alcove — but never the laundry. The Owners’ Entry should incorporate attributes 1 and 3 above.

We recommend builders step outside of their standard offerings and include ‘I Deserve It Features’ (even as an option) in their home designs. Buyers will be grateful and the competition will be running to catch up.

www.blochbuildingllc.com




You can’t afford to miss the

WHEN: January 15, 2015 – Noon to 1:30 p.m.

WHERE: Pat O’Brien Chevrolet 3880 Pearl Road (corner Pearl & Fenn) Banquet Room (upstairs in new bldg) Medina, OH 44256 330-725-2371 (HBA Offi ce)

SPEAKERS: Speakers to be announced

REG. FEE: $20 (includes lunch from Panera Bread - see details below)

FOOD: Lunch includes turkey and ham sandwiches with chips and a cookie

MEETING SPONSOR: All Construction Services

Unfortunately, guesswork or good old fashioned luck just

isn’t going to cut it for fi nancial planning to survive and thrive

in 2015. It’s been a tough few years and although the economy is improving, you need the best possible fi nancial information

you can get so you can put together a well thought-out plan for growth, be aware of what to

anticipate, thus giving you the best possible chance to succeed.

You can register online through Builder Fusion to attend this meeting or you can call the HBA offi ce at 330-725-2371 to RSVP as well.

Don’t forget to register no later than January 9th to attend and don’t miss this important event to help plan your business success for 2014 and beyond)! We look

forward to seeing you at the meeting!

2015 Financial Forecast

Staying on top of what’s going on in the economy can make the difference from slippery market conditions to gains ahead. Don’t hide your head in the sand and hope for the best! Be proactive and be prepared.


Our 2014 Fall Parade of Homes Event Sponsors !

Jeff Brady / Jeff Barnes330.784.5441

Carter Lumber of Akron172 N. Case Ave., Akron 44305

[email protected]

The Medina County Home Builders Association would like to take this opportunity to thank each and every one of our sponsors and supporters of the Fall Parade of Homes. Your response continues to be unprecedented and your participation enables us to continue to promote this event in a way we have only dreamed of over the past few years.

As I’m sure most of you are aware, there is a lot of activity in Medina County and your support will keep that momentum rolling.

Our builder members have made a huge commitment themselves to being in this Parade, even some of

Homes & Design, Carrington Homes, Inc. (welcome one of our newest Parade participants), Charis Homes, Drees Homes, Legacy Homes of Medina, Legacy Homes of BriarThorn, Dwight Yoder Builders (welcome our other newest Parade participant), Mason Builders, Modern Home Concepts, LLC, R.J. Perritt Homes and Windridge Homes.

All of our members’ participation continues to make our event one of the most successful ones in all of Northeast Ohio. Take a moment and pat yourselves on the back. You made it happen as well!

Bob Giacomo330.887.8413

Westfi eld Center, Ohiorobertgiacomo@westfi eldgrp.com

www.westfi eld-bank.com

MAJOR EVENT SPONSORS

the homeowners have allowed their homes to be presented as well.

We would like to thank all of our Parade Builders as well for continuing to participate in this event that puts our association at the forefront of residential construction in Northeast Ohio. Participants include: Artisan Building and Design, LLC, Bridgeport Custom

www.carterlumber.com

www.westfield-bank.com


New Construction • AdditionsRemodeling • Service

Light Commercial330-336-1096


Sherri PattersonSales Representative

330.723.3100 ofc216.219.6741 cell

www.medina.ltic.com

Sean Smith, Sales Manager41807 State Route 18

Wellington, OH 44090440.213.0230 • www.mpwcs.com

4081 N. Jefferson St., Medina, OH 44256440.826.3676 • 800.247.1760

allenthomasgroup.com

Glen Murduck1315 S. Cleveland-Massillon Rd.

Copley, OH216.701.6650

www.graveslumber.com

Dave LeHotan945 Industrial Parkway, N.

Brunswick, OH 44212330.220.6666


Brunswick3890 Center Rd.

Brunswick, OH 44212330-225-8855

Medina4018A Medina Rd.Medina, OH 44256

330-721-4593 • 877-604-1166

Tom Ostrander440.320.3472

34457 E. Royalton Rd.Columbia Station

[email protected]

Call Tom today at330-725-0825

www.yorktowneheating.com

Thank you to our Parade

Sponsors who made this

Fall Parade of Homes a

highly successful reality!

We truly appreciate your

support & participation!

www.allenthomasgroup.com

www.thirdfederal.com

www.allenthomasgroup.com


www.mpwcs.com

www.mpwcs.com

www.mpwcs.com

www.mpwcs.com

www.medina.ltic.com

www.medina.ltic.com


www.84lumber.com


November, 2014 B U I L D I N G B L O C K S PaPPPaPaPaPaPPPPPPPaPaPaPPPPPPPPPPPPPPPaageggegegeeegeegeegeegeegeeggeggeg 131113131111131333133333311111NoNoNNoNNoNoNNooNNoNoNoNoNoNNooNoNoNoNoNoNoNoNoNoNNNNoNoNNoNooNoNNNNNN vevvveveveeveveeveee bmbmbbbmbbbmbbbberererererereereeeereereeeeeeeerrereeerr, , , , ,, 220202222202022222222222222222222 14144414144441444144444444444441444444 B U I L D I N G B L O C K S










• 12 months to build

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• Always low rates, locked in when you apply. Find a better rate, we’ll match it and even lock it before they will*

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We’ve built the best Construction/

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Brunswick3890 Center Rd. Brunswick 44212330-225-8855

Medina4018A Medina Rd. Medina 44256330-721-4593877-604-1166

Elections Are Important For Many Reasons

Executive Vice President’s Columnby Vincent J. Squillace, CAE

Executive Vice President

First, nothing is more important in America than our representative democracy. What makes that so is that we all have a chance to participate in electing those who make the rules we live by. Of course we are not always pleased by the outcome and often times the politics of getting elected are ridiculous. However, fact is, the winner will impact you somehow. The best way to affect an outcome is to participate in the process.

OHBA watches out for your interests in state government. There is always something of interest to some aspect of the industry every day. The list never ends. We wrap up one issue and another emerges. Some issues are perpetual. This industry will always need to be prepared to advance our needs, concerns and grievances. That is precisely the role OHBA plays in our united affi liation effort.

We all must remember that legislative politics are as diverse as the state itself. Just having a good relationship with your individual representative, while good, may have no infl uence when a representative from another part of the state is the key player. Every advocate here must be able to harness infl uence from all points in Ohio. This is another keystone of OHBA, we have established relationships with Representative and Senators for all corners (and the middle) of Ohio. We have you covered as best we can.

However, we need your help in fostering relationships and increasing interest in our goals. We expect impact fees, taxes, licensing, sprinklers and other code issues to be before us when the next general assembly begins its work January 1. Just about all the folks who will be deciding those issues will be elected November 4, 2014.




www.yorktowneheating.com


Ken Cleveland recently made a second very generous donation to the Medina County Home Builders Association.

Ken is a charter member of our association and one of the founding fathers which helped create the Medina County HBA back in 1973 - 40 years ago. Ken Cleveland is our top spike member and has shown unending support for our association and all it stands for. Without his support over the years, the organization may not have survived - for which we are grateful!

We congratulate Ken Cleveland for his support of our Association and sincerely thank him for his generous donations.

Thank you Ken Cleveland For

Continuing to Make a Difference on

Behalf of the Medina County Home Builders

Association!Invites you to visit their newKitchen & Bath Showroom

locatedat

3725 Medina RoadSuite 108

in Medina

Members ... Remember, whenever possible, always try to

do business with a fellow member and

support your Medina County HBA &

local community!

www.wolffbros.com

www.wolffbros.com

www.wolffbros.com



To learn more, contact our mortgage team today at 1.800.368.8930 or visit us online at

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Westfield Bank has mortgage solutions that fit your specific needs. From mortgage loans to refinancing, we offer personalized service with the strength and stability of a leading bank. Westfield Bank will put your needs in the forefront and provide a simplistic experience.


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LSC 130 2303-6

130th General Assembly

Regular Session . B. No.

2013-2014

A B I L L

To amend section 3781.25 and to enact sections

3781.34, 3781.341, 3781.342, 3781.36, 4905.041,

4913.01, 4913.03, 4913.05, 4913.07, 4913.09,

4913.13, 4913.15, 4913.151, 4913.152, 4913.16,

4913.17, 4913.171, 4913.19, 4913.21, 4913.22,

4913.23, 4913.25, 4913.27, 4913.29, 4913.31,

4913.45, 4913.47, 4913.50, and 4913.52 of the

Revised Code regarding the enforcement of the law

governing the protection of underground utility

facilities.

1

2

3

4

5

6

7

8

9

10

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3781.25 be amended and sections

3781.34, 3781.341, 3781.342, 3781.36, 4905.041, 4913.01, 4913.03,

4913.05, 4913.07, 4913.09, 4913.13, 4913.15, 4913.151, 4913.152,

4913.16, 4913.17, 4913.171, 4913.19, 4913.21, 4913.22, 4913.23,

4913.25, 4913.27, 4913.29, 4913.31, 4913.45, 4913.47, 4913.50, and

4913.52 of the Revised Code be enacted to read as follows:

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Sec. 3781.25. As used in sections 3781.25 to 3781.32 3781.36

of the Revised Code:

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(A) "Protection service" means a notification center, but not

an owner of an individual utility, that exists for the purpose of

receiving notice from persons that prepare plans and

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specifications for or that engage in excavation work, that

distributes this information to its members and participants, and

that has registered by March 14, 1989, with the secretary of state

and the public utilities commission of Ohio under former division

(F) of section 153.64 of the Revised Code as it existed on that

date.

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(B) "Underground utility facility" includes any item buried

or placed below ground or submerged under water for use in

connection with the storage or conveyance of water or sewage;

electronic, telephonic, or telegraphic communications; television

signals; electricity; crude oil; petroleum products; artificial or

liquefied petroleum; manufactured, mixed, or natural gas;

synthetic or liquefied natural gas; propane gas; coal; steam; hot

water; or other substances. "Underground utility facility"

includes all operational underground pipes, sewers, tubing,

conduits, cables, valves, lines, wires, worker access holes, and

attachments, owned by any person, firm, or company. "Underground

utility facility" does not include a private septic system in a

one-family or multi-family dwelling utilized only for that

dwelling and not connected to any other system.

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(C) "Utility" means any owner or operator, or an agent of an

owner or operator, of an underground utility facility, including

any public authority, that owns or operates an underground utility

facility. "Utility" does not include the owners of the following

types of real property with respect to any underground utility

facility located on that property:

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(1) The owner of a single-family or two-, three-, or

four-unit residential dwelling;

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(2) The owner of an apartment complex; 50

(3) The owner of a commercial or industrial building or

complex of buildings, including but not limited to, factories and

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shopping centers; 53

(4) The owner of a farm; 54

(5) The owner of an exempt domestic well as defined in

section 1509.01 of the Revised Code.

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(D) "Approximate location" means the immediate area within

the perimeter of a proposed excavation site where the underground

utility facilities are located.

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(E) "Tolerance zone" means the site of the underground

utility facility including the width of the underground utility

facility plus eighteen inches on each side of the facility.

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(F) "Working days" excludes Saturdays, Sundays, and legal

holidays as defined in section 1.14 of the Revised Code and

"hours" excludes hours on Saturdays, Sundays, and legal holidays.

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(G) "Designer" means an engineer, architect, landscape

architect, contractor, surveyor, or other person who develops

plans or designs for real property improvement or any other

activity that will involve excavation.

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(H) "Developer" means the person for whom the excavation is

made and who will own or be the lessee of any improvement that is

the object of the excavation.

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(I) "Excavation" means the use of hand tools, powered

equipment, or explosives to move earth, rock, or other materials

in order to penetrate or bore or drill into the earth, or to

demolish any structure whether or not it is intended that the

demolition will disturb the earth. "Excavation" includes such

agricultural operations as the installation of drain tile, but

excludes agricultural operations such as tilling that do not

penetrate the earth to a depth of more than twelve inches.

"Excavation" excludes any activity by a governmental entity which

does not penetrate the earth to a depth of more than twelve

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inches. "Excavation" excludes coal mining and reclamation

operations regulated under Chapter 1513. of the Revised Code and

rules adopted under it.

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(J) "Excavation site" means the area within which excavation

will be performed.

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(K) "Excavator" means the person or persons responsible for

making the actual excavation.

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(L) "Interstate gas pipeline" means an interstate gas

pipeline subject to the "Natural Gas Pipeline Safety Act of 1968,"

82 Stat. 720, 49 U.S.C. 1671, as amended.

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(M) "Interstate hazardous liquids pipeline" means an

interstate hazardous liquids pipeline subject to the "Hazardous

Liquid Pipeline Safety Act of 1979," 93 Stat. 1003, 49 U.S.C.

2002, as amended.

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(N) "Special notification requirements" means requirements

for notice to an owner of an interstate hazardous liquids pipeline

or an interstate gas pipeline that must be made prior to

commencing excavation and pursuant to the owner's public safety

program adopted under federal law.

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(O) "Commercial excavator" means any excavator, excluding a

utility as defined in this section, that satisfies both of the

following:

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(1) For compensation, performs, directs, supervises, or is

responsible for the excavation, construction, improvement,

renovation, repair, or maintenance on a construction project and

holds out or represents oneself as qualified or permitted to act

as such;

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(2) Employs tradespersons who actually perform excavation,

construction, improvement, renovation, repair, or maintenance on a

construction project.

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(P) "Person" has the same meaning as in section 1.59 of the

Revised Code and also includes a public authority.

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(Q) "Positive response system" means an automated system

facilitated by a protection service allowing a utility to

communicate to an excavator the presence or absence of any

conflict between the existing underground utility facilities and

the proposed excavation site.

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(R) "One-call notification system" means the software or

communications system used by a protection system to notify its

membership of proposed excavation sites.

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(S) "Project" means any undertaking by a private party of an

improvement requiring excavation.

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(T) "Public authority" has the same meaning as in section

153.64 of the Revised Code.

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(U) "Improvement" means any construction, reconstruction,

improvement, enlargement, alteration, or repair of a building,

highway, drainage system, water system, road, street, alley,

sewer, ditch, sewage disposal plant, water works, and all other

structures or works of any nature.

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(V) "Emergency" means an unexpected occurrence causing a

disruption or damage to an underground utility facility that

requires immediate repair or a situation that creates a clear and

imminent danger that demands immediate action to prevent or

mitigate loss of or damage to life, health, property, or essential

public services.

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(W) "Nondestructive manner" means using low-impact, low-risk

technologies such as hand tools, or hydro or air vacuum excavation

equipment.

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(X) "Cable service provider" has the same meaning as in


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(Y) "Electric cooperative" and "electric utility" have the

same meanings as in section 4928.01 of the Revised Code.

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Sec. 3781.34. (A) There is hereby created the underground

technical committee.

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(B) The committee shall consist of four members from the

stakeholder group of the commercial excavator industry and one

member from each of the following stakeholder groups, with all

seventeen members to be appointed by the governor with the consent

of the senate:

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(1) The natural gas transmission pipeline industry; 152

(2) The natural gas distribution industry; 153

(3) Electric utilities; 154

(4) Electric cooperatives; 155

(5) Oil and gas producers; 156

(6) The telephone industry; 157

(7) Cable service providers; 158

(8) Locators of underground utility facilities; 159

(9) Municipal corporations; 160

(10) The department of transportation; 161

(11) The general public; 162

(12) The hazardous liquids pipeline industry; 163

(13) Designers, developers, or surveyors. 164

(C) The governor shall appoint an alternate member for each

member listed under division (B) of this section.

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(D) The terms of office for members initially appointed under

division (B) of this section shall be staggered at two, three, and

four years and determined by lot, except that the stakeholder

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group of the commercial excavator industry shall have only one

member with an initial two-year term. The term of office for each

member subsequently appointed shall be four years.

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(E) Each member and each alternate member may be reappointed

for an unlimited number of times.

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(F) If a vacancy occurs during a member's term of office, the

alternate member appointed for that member shall assume the

vacated office and serve the rest of the term. If a vacancy occurs

during the term of office of an alternate member, the governor

shall appoint a new alternate member in the same manner as an

original appointment.

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Sec. 3781.341. (A) A member of the underground technical

committee who has a conflict of interest in a particular review

under section 4913.15 of the Revised Code shall declare the

conflict to the committee and recuse self from committee

discussions and voting regarding that review.

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(B) An alternate member shall serve temporarily in the place

of the member for whom the alternate member was appointed if the

nonalternate member is a party to a review being conducted by the

committee under section 4913.15 of the Revised Code or if the

member has recused self under this section.

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Sec. 3781.342. The underground technical committee may

conduct meetings in person, by telephone, or by video conference.

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Sec. 3781.36. (A) The underground technical committee shall

do the following:

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(1) Coordinate with the public utilities commission in

carrying out its duties under Chapter 4913. of the Revised Code;

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(2) Provide subject matter expertise when requested during

inquiries conducted under section 4913.09 of the Revised Code;

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(3) Review reports in accordance with section 4913.15 of the

Revised Code;

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(4) Make recommendations under section 4913.15 of the Revised

Code;

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(5) Coordinate with the commission in establishing rules

under divisions (A)(1) and (2) of section 4913.45 of the Revised

Code;

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(6) Perform any additional duties as may be required under

this chapter.

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(B) The committee shall meet as necessary to carry out its

duties and meet the time-period requirements of division (B) of

section 4913.15 of the Revised Code, but not less than once every

three months. A majority of committee members constitutes a

quorum.

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Sec. 4905.041. (A) The public utilities commission has

exclusive jurisdiction to enforce, in accordance with Chapter

4913. of the Revised Code, sections 153.64, 3781.27, and 3781.28

to 3781.32 of the Revised Code and divisions (A) and (B) of


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(B) The commission's enforcement authority described in

division (A) of this section is limited to actions specifically

authorized by Chapter 4913. of the Revised Code upon the filing of

a complaint under section 4913.05 of the Revised Code.

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(C) Nothing in this section or Chapter 4913. of the Revised

Code gives the commission or the underground technical committee,

created under section 3781.34 of the Revised Code, the authority

to determine the civil liability of any person for any compliance

failure as that term is defined in section 4913.01 of the Revised

Code.

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Sec. 4913.01. As used in this chapter: 228

"Compliance failure" means a failure to comply with any

provision of sections 153.64, 3781.27, and 3781.28 to 3781.32 of

the Revised Code and divisions (A) and (B) of section 3781.26 of

the Revised Code.

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"Designer," "developer," "excavation," "excavator," "one-call

notification system," "person," "protection service," "underground

utility facility", and "utility" have the same meanings as in


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Sec. 4913.03. Each utility, excavator, developer, and

designer who participates in the one-call notification system

shall register with the public utilities commission and pay a

safety registration not to exceed fifty dollars annually, which

the commission may lower if the commission determines lowering the

registration to be necessary. The amounts shall be used to fund

the operation of the underground technical committee, created

under section 3781.34 of the Revised Code, and the commission in

the performance of duties under this chapter. The commission shall

administer and oversee the registration process. Failure to

register shall result in a fine of not more than two thousand five

hundred dollars.

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Sec. 4913.05. (A) Any person who has been aggrieved as a

result of a compliance failure may file a complaint with the

public utilities commission to seek punitive action against the

person responsible for the alleged compliance failure.

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(B) A complaint filed under this section shall state, at a

minimum and with particularity, the name of the person responsible

for the alleged compliance failure, the date of the compliance

failure, the nature of the compliance failure, the location of the

compliance failure, and any other information that the complainant

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considers relevant. 258

(C) The commission shall, not later than five business days

after receiving a complaint under this section, notify the person

responsible for the alleged compliance failure that the complaint

was filed.

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Sec. 4913.07. If a complaint is filed under section 4913.05

of the Revised Code, the person responsible for the alleged

compliance failure may, not later than thirty days after receiving

notice under that section, respond to the complaint, providing any

information that the person considers relevant to the complaint.

The response may include an admission of the compliance failure.

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Sec. 4913.09. (A) The public utilities commission shall

conduct an inquiry upon receiving a complaint made under section

4913.05 of the Revised Code. The inquiry shall be limited to

whether there was a compliance failure.

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(B) During an inquiry conducted under this section, the

commission shall examine relevant facts regarding the alleged

compliance failure and may request records verification, informal

meetings, teleconferences, photo documentation, and any other

documentation or information relevant to the inquiry.

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Sec. 4913.13. The public utilities commission shall make a

report of each inquiry conducted under section 4913.09 of the

Revised Code to the underground technical committee, created under

section 3781.34 of the Revised Code. The report shall contain any

admission made under section 4913.07 of the Revised Code by the

person who is the subject of the inquiry. This report shall not

contain a recommendation as to the imposition of a fine or

penalty.

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Sec. 4913.15. (A) The underground technical committee shall 286

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review every report submitted by the public utilities commission

under sections 4913.13 and 4913.16 of the Revised Code.

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(B) Not later than ninety days after the committee receives

the commission's report under section 4913.13 of the Revised Code,

the committee shall do either of the following:

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(1) Make a recommendation to the commission as to the

imposition of a fine, a penalty, or a combination of fines and

penalties, in accordance with section 4913.151 of the Revised

Code;

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(2) Dismiss the case and notify the commission of the

dismissal.

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(C) There shall be a majority vote of the full committee,

with at least one of the commercial-excavator stakeholders voting

with the majority, for the committee to do either of the

following:

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(1) Recommend a fine, penalty, or a combination of fines and

penalties under this section or section 4913.16 of the Revised

Code;

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(2) Dismiss a case under this section or section 4913.16 of

the Revised Code.

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If the committee fails to achieve the required majority for

any action described in divisions (C)(1) and (2) of this section,

it shall notify the commission.

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Sec. 4913.151. (A) In determining a fine or penalty

recommendation as required under section 4913.15 or 4913.16 of the

Revised Code, the underground technical committee shall consider

the following, as applicable:

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(1) The person's demonstrated history of one-call, design,

and excavation practices, including the following:

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(a) The number of locate requests received and responded to; 316

(b) The number of locates completed; 317

(c) The number of one calls placed; 318

(d) The number of excavations completed; 319

(e) The number of design or development projects. 320

(2) The nature, circumstances, and gravity of the compliance

failure, including the amount of damage involved in relation to

the compliance failure, and whether it resulted in death, serious

injury, dismemberment, or a significant threat to public safety;

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(3) The organizational size of the responsible person; 325

(4) The prospective effect of a fine on the person's ability

to pay business obligations and otherwise conduct business;

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(5) The history or number of compliance failures by the

person;

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(6) The good faith effort on the person's part in attempting

to achieve compliance after the compliance failure was identified.

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(B)(1) If the compliance failure is the first for the person

responsible, the committee may recommend a penalty of a training

requirement, an education requirement, or another penalty, or may

recommend a fine not exceeding two thousand five hundred dollars,

or may recommend a combination of this fine and these penalties.

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(2) If the compliance failure is a subsequent compliance

failure for the person responsible, the committee may recommend a

penalty of a training requirement, an education requirement, or

another penalty, or may recommend a fine not exceeding five

thousand dollars, or may recommend a combination of this fine and

these penalties.

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Any penalty recommended under this division shall be

appropriately related to enforcement of the provisions enumerated

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in division (A) of section 4905.041 of the Revised Code. 345

Sec. 4913.152. The underground technical committee may

communicate with responsible persons as part of the committee's

review under section 4913.15 of the Revised Code and to assist the

committee in making recommendations under that section and section

4913.16 of the Revised Code.

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Sec. 4913.16. (A) If the underground technical committee

fails to make a recommendation during the ninety-day time period

required under division (B) of section 4913.15 of the Revised

Code, and the committee has not dismissed the case, the public

utilities commission shall make a recommendation as to a fine or

penalty. The commission shall amend the initial report made under

section 4913.13 of the Revised Code to add the recommendation, and

shall submit the amended report to the committee.

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(B) Not later than thirty days after the committee receives

the amended report, the committee shall do either of the

following:

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(1) Make a recommendation to the commission as to the

imposition of a fine, penalty, or a combination of fines and

penalties in accordance with division (C) of section 4913.15 and

section 4913.151 of the Revised Code;

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(2) Dismiss the case and notify the commission of the

dismissal.

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(C) If the committee fails to make a recommendation during

the thirty-day time period required under division (B) of this

section, and the committee has not dismissed the case under that

division, the commission shall, at its sole discretion, impose a

fine or penalty consistent with section 4913.151 of the Revised

Code.

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Sec. 4913.17. (A) Based upon the number and type of

compliance failures committed by a person, the underground

technical committee may find, as part of the committee's review

under section 4913.15 of the Revised Code, that the person is a

persistent noncomplier.

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(B) The committee shall report a finding made under division

(A) of this section to the public utilities commission.

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(C) There shall be a majority vote of the full committee,


with the majority, for the committee to make a finding under

division (A) of this section.

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Sec. 4913.171. If the underground technical committee reports

that a person responsible for a compliance failure has been found

to be a persistent noncomplier under section 4913.17 of the

Revised Code, the public utilities commission may, at its sole

discretion, impose a fine on the person not exceeding ten thousand

dollars. A penalty recommended by the committee under section

4913.15 or 4913.16 of the Revised Code may also be imposed by the

commission.

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Sec. 4913.19. (A) The underground technical committee may

request a hearing with the public utilities commission if the

committee believes that any person responsible for a compliance

failure should be subject to a fine or penalty exceeding those

described in section 4913.151 of the Revised Code. As a result of

the hearing, the commission shall impose a fine or penalty at the

commission's discretion.

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(B) There shall be a majority vote of the full committee,


with the majority, for the committee to request a hearing under

division (A) of this section.

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Sec. 4913.21. Except as provided in sections 4913.171 and

4913.19 of the Revised Code, the public utilities commission shall

impose every recommendation made under section 4913.15 or 4913.16

of the Revised Code by the underground technical committee.

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Sec. 4913.22. A person subject to a fine imposed under

section 4913.171, 4913.19, or 4913.21 of the Revised Code or

division (C) of section 4913.16 of the Revised Code shall pay the

fine not later than sixty days after the fine or penalty is

imposed. A person subject to a penalty imposed under any of those

sections or that division shall begin compliance with the penalty

not later than thirty days after the penalty is imposed.

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Sec. 4913.23. The public utilities commission shall notify

the complainant and the person responsible for the compliance

failure of any fine or penalty imposed under section 4913.171,

4913.19, or 4913.21 of the Revised Code or division (C) of section

4913.16 of the Revised Code, or of a dismissal under section

4913.15 or 4913.16 of the Revised Code. The notice shall include

all of the following, as applicable:

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(A) The date of the compliance failure; 422

(B) The citation to the statute that was not complied with; 423

(C) A brief description of the compliance failure; 424

(D) The fine or penalty to be imposed, if any; 425

(E) Instructions on how to remit payment of a fine or to

comply with a penalty;

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(F) Instructions on how the person may file for

reconsideration under section 4913.25 of the Revised Code and how

to make a timely filing;

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(G) A statement that failure to file for reconsideration 431

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under section 4913.25 of the Revised Code will make any findings

final and enforceable.

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Sec. 4913.25. (A) If either the complainant or the person

responsible for the compliance failure disagrees with a finding

made by the underground technical committee under section 4913.15

or 4913.16 of the Revised Code, either person may, not later than

thirty days after receiving notice under section 4913.23 of the

Revised Code, file a written application with the public utilities

commission for reconsideration of the committee's finding. The

application for reconsideration must state with particularity the

grounds for reconsideration.

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(B) Upon the filing of an application for reconsideration

under this section, the commission shall review the finding of the

committee.

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(C) At the commission's sole discretion, the commission may

hold a hearing on the application for reconsideration.

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(D) The commission shall affirm, reject, or modify the

finding of the committee and shall, at its sole discretion, impose

any fine or penalty authorized under this chapter. The person

responsible for the compliance failure shall pay any fine not

later than sixty days after the fine is assessed and shall begin

compliance with any penalty not later than thirty days after the

penalty is imposed.

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Sec. 4913.27. (A) All hearings brought under this chapter

shall be conducted in a manner consistent with Chapter 4903. of

the Revised Code.

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(B) The public utilities commission shall deposit all fines

collected under this chapter into the underground facilities

protection fund created under section 4913.29 of the Revised Code.

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Sec. 4913.29. There is hereby created in the state treasury

the underground facilities protection fund. The fund shall consist

of all fines collected under this chapter. The fund shall retain

the interest earned. The amounts in the fund shall be used solely

to fund grants under section 4913.31 of the Revised Code.

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Sec. 4913.31. (A) The public utilities commission may

administer an underground utility damage prevention grant program

to provide grants for any of the following purposes:

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(1) Public awareness programs established by a protection

service;

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(2) Training and education programs for excavators,

operators, designers, persons who locate underground utility

facilities, or other persons;

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(3) Programs providing incentives for excavators, operators,

persons who locate underground utility facilities, or other

persons to reduce the number and severity of compliance failures.

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(B) The commission shall determine the appropriate amount of

any grant issued under this section.

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Sec. 4913.45. (A) The public utilities commission shall, in

coordination with the underground technical committee, adopt rules

regarding all of the following:

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(1) Guidelines for consistent application of fines and

penalties under this chapter;

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(2) Tracking compliance of persons on whom fines or penalties

have been imposed under this chapter;

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(3) The required contents of the underground utility damage

prevention grant program established under section 4913.31 of the

Revised Code;

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(4) The gathering, review, and acceptance of applications for

a grant under section 4913.31 of the Revised Code;

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(5) The dispensation and tracking of money from the

underground utility damage prevention fund;

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(6) The committee's duties, including rules that establish

the committee's operation, meeting schedule, and voting

procedures.

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(B) The commission may adopt rules establishing the

following:

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(1) Procedures for conducting inquiries under section 4913.09

of the Revised Code;

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(2) Any other duties for the underground technical committee

pursuant to section 3781.36 of the Revised Code.

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Sec. 4913.47. Notwithstanding any provision of the Revised

Code to the contrary, if a person is subject to more than one fine

for the same compliance failure, and one fine is imposed under

this chapter and one or more other fines are imposed under federal

law, rules, or regulations, the person shall not be required to

pay the fine imposed under this chapter.

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Sec. 4913.50. Any proceeding held under this chapter or any

fine or penalty imposed under this chapter shall neither prevent

nor preempt the right of any party to obtain civil damages for

personal injury or property damage in a private cause of action.

No finding, determination, or recommendation of the underground

technical committee and no decision of the public utilities

commission shall be determinative of civil liability.

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Sec. 4913.52. A person with a permit for excavation from the

state or a local governmental unit is subject to this chapter.

This chapter does not affect or impair local ordinances, charters,

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. B. No. Page 18LSC 130 2303-6


or other provisions of law requiring permits to be obtained before

excavating.

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Section 2. That existing section 3781.25 of the Revised Code

is hereby repealed.

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. B. No. Page 19LSC 130 2303-6

This document was provided by the Ohio Home Builders Association as an educational and informational document. For any further clarifi cation or questions on this document, you can contact the Ohio Home Builders Association directly at 614-228-6647.