The provisions of this code are not intended to prevent the installation of any material or to prohibit any material, product, assembly or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, product or method of construction shall be approved in accordance with either Section 114.2.1 or Section 114.2.2.
Exception: Industrialized units constructed in accordance with Section 113.1 of this chapter.
Any material, product, assembly or method of construction not specifically provided for in this code, shall have a valid research report from an evaluation service listed in "Appendix P" and shall be deemed to be approved provided it complies with the conditions listed in the report and Chapters 3781 and 3791 of the Revised Code.
Any material, product, assembly or method of construction not specifically provided for in this code may be approved by the board of building standards upon application under the procedures prescribed by the board.
The application for approval including revisions and renewals for existing approvals shall be submitted in two copies to the secretary of the board together with the fee required in Section 220.127.116.11 of this chapter. The required information shall be on forms prescribed by the board. Construction documents in conformance with the applicable provisions of Section 106 shall be included to adequately describe and show how equivalent compliance is achieved. Only the person holding an approval issued by the board may apply for a revision or renewal of the approval.
The board, upon receipt and evaluation of the completed application, shall have the authority to require such additional information as necessary to determine compliance with the requirements of this section.
The board shall have the authority to require tests as evidence of compliance to be made at no expense to the board. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the board shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the board for the period required for retention of public records.
When the board deems it advisable to permit the use of an alternative material, product, or method of construction, a public hearing shall be conducted in accordance with Section 119.03 of the Revised Code. After such hearing, the board shall set an effective date and issue an approval for its use.
The approval of the alternative material, product, assembly or method of construction issued by the board constitutes an authorization for its use anywhere in Ohio subject to the conditions for its use and application as indicated in the approval. An insignia shall be affixed to each material, product and assembly after it is determined that it is constructed in accordance with the construction documents approved by the board. A certificate shall be issued for each approved method of construction. The approval for use is valid for a period of one year after the effective date established by the board.
Any changes to an approved alternative material, product, assembly or method of construction affecting the conditions listed in the approval shall require approval by the Board.
In order to retain the approval, the holder shall apply to the board for a renewal on an annual basis.
When any changes to the rules of the board are adopted which affect the use, safety or sanitation of any approved alternative material, product, assembly or method of construction, the holder of such approval shall apply to the board for a revision of the approval. Failure to apply for revision of approvals within three months of the effective date of such rule changes shall constitute failure to comply with the conditions of the approval.
After approval, each holder of an approval is required to maintain acceptable control of the materials and processes used in the manufacture of an approved alternative material, product, assembly or method of construction as a condition of the approval. The board or its designee shall have the right to make inspections at the place of manufacture to observe compliance. Each holder of an approval shall maintain responsibility over all work completed in their manufacturing facilities until the approved material, product and assembly is installed for initial use and shall rectify any deviations from the approved construction documents and other defects found either in the field or at the place of manufacture. The manufacturer shall submit to the board such periodic reports, notifications and information as required by board procedures. The holder of an approval shall be required to pay all associated expenses incurred by the board or its designee.
Whenever an approved alternative material, product, assembly or method of construction fails to comply with the conditions of the approval and this chapter, the board, upon its own motion, shall order a hearing in accordance with Section 119.03 of the Revised Code to revoke an existing approval.
Fees for approved alternative materials, products, assemblies and methods of construction shall be in accordance with Sections 18.104.22.168.1 to 22.214.171.124.6.
An application for approval shall be accompanied by a nonrefundable processing fee of one hundred dollars, and the applicant shall bear the cost of the evaluation.
An application to modify an existing approval due to code changes under Section 126.96.36.199 shall not require a processing fee; however, the applicant shall bear the cost of the evaluation.
An application to revise an existing approval shall require a nonrefundable processing fee of one hundred dollars and the applicant shall bear the cost of the evaluation.
An application to revise an existing approval shall require a nonrefundable processing fee of one hundred dollars. The renewal application shall be received by the board within thirty days after the end of each calendar year.
Tests required by the board to be performed to determine compliance pursuant to Section 188.8.131.52, shall be conducted at no expense to the board. Costs associated with any required testing or research necessary to provide evidence of compliance shall be the responsibility of the applicant.
The fee for insignias for each material, product and assembly manufactured for use in the state of Ohio shall be one dollar per unit.
The fee for a certificate for each method of construction in the state of Ohio shall be one thousand dollars.