Effective: September 29, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A) When all of the following have occurred, a project undertaken by a school district pursuant to this chapter shall be considered complete and the Ohio facilities construction commission shall issue a certificate of completion to the district board of education:
(1) All facilities to be constructed under the project, as specified in the project agreement entered into under section 3318.08 of the Revised Code, have been completed and the board has received a permanent certificate of occupancy for each of those facilities.
(2) The commission has issued certificates of contract completion on all prime construction contracts entered into by the board under section 3318.10 of the Revised Code.
(3) The commission has completed a final accounting of the district's project construction fund and has determined that all payments from the fund were made in compliance with all policies of the commission.
(4) Any litigation concerning the project has been finally resolved with no chance of appeal.
(5) All construction management services typically provided by the commission to school districts have been delivered and the commission has canceled any remaining encumbrance of funds for those services.
(B) The commission may issue a certificate of completion to a district board prior to all of the conditions described in division (A) of this section being satisfied, if the commission determines that the circumstances preventing the conditions from being satisfied are so minor in nature that the project should be considered complete. When issuing a certificate of completion under this division, the commission may specify any of the following:
(1) Any construction or work that has yet to be completed and the manner in which the board shall oversee its completion, which may include procedures for reporting progress to the commission and for accounting of expenditures;
(2) Terms and conditions for the resolution of any pending litigation;
(3) Any remaining responsibilities of the construction manager regarding the project.
(C) The commission may issue a certificate of completion to a district board that does not voluntarily participate in the process of closing out the district's project, if the construction manager for the project verifies that all facilities to be constructed under the project, as specified in the project agreement entered into under section 3318.08 of the Revised Code, have been completed and the commission determines that those facilities have been occupied for at least one year. In that case, all funds due to the commission under division (C) of section 3318.12 of the Revised Code shall be returned to the commission not later than thirty days after receipt of the certificate of completion. If the funds due to the commission have not been returned within sixty days after receipt of the certificate of completion, the auditor of state shall issue a finding for recovery against the school district and shall request legal action under section 117.42 of the Revised Code.
(D) Upon issuance of a certificate of completion under this section, the commission's ownership of and interest in the project, as specified in division (F) of section 3318.08 of the Revised Code, shall cease. This cessation shall not alter or otherwise affect the state's or commission's interest in the project or any limitations on the use of the project as specified in the project agreement pursuant to divisions (G), (M), and (N) of that section or as specified in section 3318.16 of the Revised Code.
Structure Ohio Revised Code
Title 33 | Education-Libraries
Chapter 3318 | School Facilities
Section 3318.01 | Bond Issues and Tax Levy Definitions.
Section 3318.011 | Ranking Districts in Order of Adjusted Valuation per Pupil From District.
Section 3318.02 | Periodic Assessment of Classroom Facility Needs - On-Site Visits.
Section 3318.022 | District Not Yet Eligible for State Assistance May Request Assessment.
Section 3318.024 | Use of Unspent and Unencumbered Funds.
Section 3318.031 | Commission to Consider Student and Staff Safety and Health.
Section 3318.032 | Portion of Basic Project Cost Supplied by School District.
Section 3318.033 | Recalculation of District Percentile Ranking.
Section 3318.034 | Division of District Classroom Needs Into Segments.
Section 3318.035 | Change of Assessment Rates on Gas Pipelines.
Section 3318.036 | Priority for Project Funding.
Section 3318.038 | Water Bottle Filling Stations and Drinking Fountains.
Section 3318.04 | Conditional Approval; Encumbering Funds.
Section 3318.041 | District May Adopt and Certify Proposed Project.
Section 3318.042 | Additional Assistance.
Section 3318.051 | Alternative Funding for State-Assisted Classroom Projects.
Section 3318.053 | Use of Tax Proceeds on Improvements Not Included in Basic Project Cost.
Section 3318.055 | Maintenance Tax Not Be Included on Ballot Proposal.
Section 3318.056 | Combining Questions on Tax Levy Ballot.
Section 3318.061 | Resolution Proposing Extension of Existing Tax Levy.
Section 3318.063 | Rescission of Alternative Funding Agreement - Tax Levy.
Section 3318.07 | Certification of Election Results to Tax Commissioner.
Section 3318.081 | Supplemental Agreement With Ohio Facilities Construction Commission.
Section 3318.082 | Supplemental Agreement for Distributing Certain Tax Proceeds.
Section 3318.083 | Sharing of Approved Increase in Basic Project Cost.
Section 3318.084 | Applying Local Donated Contribution Toward Project.
Section 3318.086 | Contingency Reserve.
Section 3318.091 | Issuing Bonds; Preparing of Plans and Estimates.
Section 3318.10 | Advertising and Awarding of Construction Bids.
Section 3318.112 | Standards for Solar-Ready Equipment.
Section 3318.12 | Transfer and Disbursement of Funds.
Section 3318.121 | Transfer of Earnings From Big-8 Project Fund to Special Fund.
Section 3318.13 | Including Balance Due in District Tax Budget.
Section 3318.14 | County Treasurer to Pay Proceeds of Tax Levy.
Section 3318.15 | Public School Building Fund.
Section 3318.17 | Rate and Maximum Period of Tax Levies.
Section 3318.18 | Statewide Average Valuation per Pupil - Half-Mill Equalization Fund.
Section 3318.20 | Constitutionality.
Section 3318.21 | Educational Revitalization of Certain Districts Definitions.
Section 3318.25 | School Building Program Assistance Fund.
Section 3318.26 | Issuing Obligations of State.
Section 3318.28 | Alternative, Supplemental Provisions.
Section 3318.29 | Maximum Maturity and Terms of Obligations.
Section 3318.351 | School Building Emergency Assistance Program.
Section 3318.36 | School Building Assistance Expedited Local Partnership Program.
Section 3318.361 | Proposing Tax Levy for Expedited Local Partnership Program Purposes.
Section 3318.362 | Term of Bonds.
Section 3318.363 | Tax Valuation Decrease.
Section 3318.37 | Exceptional Needs School Facilities Assistance Program.
Section 3318.38 | Accelerated Urban School Building Assistance Program.
Section 3318.39 | 1:1 School Facilities Option Program.
Section 3318.40 | Vocational School Facilities Assistance Program.
Section 3318.41 | Annual Assessment of Needs.
Section 3318.42 | Selecting Districts for Assistance.
Section 3318.43 | Moneys Dedicated to Maintenance of Classroom Facilities.
Section 3318.44 | Generating District's Portion of Basic Project Cost.
Section 3318.47 | Transfer of Amounts to Rc 3318.15 Fund.
Section 3318.48 | Certificate of Completion.
Section 3318.49 | Corrective Action Program.
Section 3318.50 | Community School Classroom Facilities Loan Guarantee Program.
Section 3318.52 | Community School Classroom Facilities Loan Guarantee Fund.
Section 3318.60 | College-Preparatory Boarding School Facilities Program.
Section 3318.62 | Agreements to Provide Facilities Assistance; Mandatory Stipulations.
Section 3318.70 | Funding to Assist Stem Schools in the Acquisition of Classroom Facilities.