Effective: September 29, 2015
Latest Legislation: House Bill 64 - 131st General Assembly
(A) As used in this section and section 123.11 of the Revised Code, "public exigency" means an injury or obstruction that occurs in any public works of the state and that materially impairs its immediate use or places in jeopardy property adjacent to it; an immediate danger of such an injury or obstruction; or an injury or obstruction, or an immediate danger of an injury or obstruction, that occurs in any public works of the state and that materially impairs its immediate use or places in jeopardy property adjacent to it.
(B) When a declaration of public exigency is issued pursuant to division (C) of this section, the Ohio facilities construction commission shall enter into contracts with proper persons for the performance of labor, the furnishing of materials, or the construction of any structures and buildings necessary to the maintenance, control, and management of the public works of the state or any part of those public works. Any contracts awarded for the work performed pursuant to the declaration of a public exigency may be awarded without competitive bidding or selection as set forth in Chapter 153. of the Revised Code.
(C) The executive director of the Ohio facilities construction commission may issue a declaration of a public exigency on the executive director's own initiative or upon the request of the director of any state agency, a state institution of higher education as defined in division (A)(1) of section 3345.12 of the Revised Code, or any other state instrumentality. The executive director's declaration shall identify the specific injury, obstruction, or danger that is the subject of the declaration and shall set forth a dollar limitation for the repair, removal, or prevention of that exigency under the declaration.
Before any project to repair, remove, or prevent a public exigency under the executive director's declaration may begin, the executive director shall send notice of the project, in writing, to the director of budget and management and to the members of the controlling board. That notice shall detail the project to be undertaken to address the public exigency and shall include a copy of the executive director's declaration that establishes the monetary limitations on that project.
Structure Ohio Revised Code
Chapter 123 | Department of Administrative Services - Public Works
Section 123.01 | Powers and Duties.
Section 123.011 | Department of Administrative Services Powers.
Section 123.02 | Director of Administrative Services - Control of Public Works.
Section 123.03 | Director May Maintain an Action.
Section 123.04 | Rules and Regulations.
Section 123.05 | Regulation and Collection of Tolls, Rentals, and Other Revenues.
Section 123.07 | Preferential Parking for Carpools, Vanpools and Buspools.
Section 123.08 | Appointment of Employees.
Section 123.09 | Claims Paid Upon Order of Director.
Section 123.10 | Authority to Contract; Declaration of Public Exigency.
Section 123.11 | Power to Take Lands and Materials.
Section 123.12 | Written Approval Required for Lease or Sale of Land.
Section 123.14 | Annual Report.
Section 123.15 | Rules Pertaining to Lands Under Department's Supervision.
Section 123.16 | Filing of Bids, Proposals and Contracts.
Section 123.17 | Lease of State University Land - Development.
Section 123.18 | Power to Administer Oaths.
Section 123.19 | Theater Equipment Maintenance Fund.
Section 123.20 | Ohio Facilities Construction Commission.
Section 123.201 | Ohio Facilities Construction Commission Fund.
Section 123.21 | Authority of the Commission.
Section 123.211 | Agency Administration of Capital Facilities Projects.
Section 123.22 | Duties of Ohio Facilities Construction Commission.
Section 123.24 | Local Administration Competency Certification Program.
Section 123.26 | Regulation and Collection of Tolls, Rents, Fines, Etc.
Section 123.28 | Ohio Cultural Facilities Commission Definitions.
Section 123.281 | Construction and Construction Services for Cultural Facilities; State Financing.