Effective: September 28, 2012
Latest Legislation: House Bill 490 - 129th General Assembly
(A) The fire marshal shall certify underground storage tank systems installers who meet the standards for certification established in rules adopted under division (D)(1) of this section, pass the certification examination required by this division, and pay the certificate fee established in rules adopted under division (D)(5) of this section. Any individual who wishes to obtain certification as an installer shall apply to the fire marshal on a form prescribed by the fire marshal. The application shall be accompanied by the application and examination fees established in rules adopted under division (D)(5) of this section.
The fire marshal shall prescribe an examination designed to test the knowledge of applicants for certification as underground storage tank system installers in the installation, repair, abandonment, and removal of those systems. The examination shall also test the applicants' knowledge and understanding of the requirements and standards established in rules adopted under sections 3737.88 and 3737.882 of the Revised Code pertaining to the installation, repair, abandonment, and removal of those systems.
Installer certifications issued under this division shall be renewed annually, upon submission of a certification renewal form prescribed by the fire marshal, provision of proof of successful completion of continuing education requirements, and payment of the certification renewal fee established in rules adopted under division (D)(5) of this section. In addition, the fire marshal may from time to time prescribe an examination for certification renewal and may require applicants to pass the examination and pay the fee established for it in rules adopted under division (D)(5) of this section.
The fire marshal may, in accordance with Chapter 119. of the Revised Code, deny, suspend, revoke, or refuse to renew an installer's certification or renewal thereof after finding that any of the following applies:
(1) The applicant for certification or certificate holder fails to meet the standards for certification or renewal thereof under this section and rules adopted under it;
(2) The certification was obtained through fraud or misrepresentation;
(3) The certificate holder recklessly caused or permitted a person under the certificate holder's supervision to install, perform major repairs on site to, abandon, or remove an underground storage tank system in violation of the performance standards set forth in rules adopted under section 3737.88 or 3737.882 of the Revised Code.
As used in division (A)(3) of this section, "recklessly" has the same meaning as in section 2901.22 of the Revised Code.
(B) The fire marshal shall certify persons who sponsor training programs for underground storage tank system installers who meet the criteria for certification established in rules adopted by the fire marshal under division (D)(4) of this section and pay the certificate fee established in rules adopted under division (D)(5) of this section. Any person who wishes to obtain certification to sponsor such a training program shall apply to the fire marshal on a form prescribed by the fire marshal. Training program certificates issued under this division shall expire annually. Upon submission of a certification renewal application form prescribed by the fire marshal and payment of the application and certification renewal fees established in rules adopted under division (D)(5) of this section, the fire marshal shall issue a training program renewal certificate to the applicant.
The fire marshal may, in accordance with Chapter 119. of the Revised Code, deny an application for, suspend, or revoke a training program certificate or renewal or renewal of a training program certificate after finding that the training program does not or will not meet the standards for certification established in rules adopted under division (D)(4) of this section.
(C) The fire marshal may conduct or cause to be conducted training programs for underground storage tank systems installers as the fire marshal considers to be necessary or appropriate. The fire marshal is not subject to division (B) of this section with respect to training programs conducted by employees of the office of the fire marshal.
(D) The fire marshal shall adopt, and may amend and rescind, rules doing all of the following:
(1) Defining the activities that constitute supervision over the installation, performance of major repairs on site to, abandonment of, and removal of underground storage tank systems;
(2) Establishing standards and procedures for certification of underground storage tank systems installers;
(3) Establishing standards and procedures for continuing education for certification renewal, subject to the provisions of section 5903.12 of the Revised Code relating to active duty military service;
(4) Establishing standards and procedures for certification of training programs for installers;
(5) Establishing fees for applications for certifications under this section, the examinations prescribed under division (A) of this section, the issuance and renewal of certificates under divisions (A) and (B) of this section, and attendance at training programs conducted by the fire marshal under division (C) of this section. Fees received under this section shall be credited to the underground storage tank administration fund created in section 3737.02 of the Revised Code and shall be used to defray the costs of implementing, administering, and enforcing this section and the rules adopted thereunder, conducting training sessions, and facilitating prevention of releases.
(6) That are necessary or appropriate for the implementation, administration, and enforcement of this section.
(E) Nothing in this section or the rules adopted under it prohibits an owner or operator of an underground storage tank system from installing, making major repairs on site to, abandoning, or removing an underground storage tank system under the supervision of an installer certified under division (A) of this section who is a full-time or part-time employee of the owner or operator.
(F) On and after January 7, 1990, no person shall do any of the following:
(1) Install, make major repairs on site to, abandon, or remove an underground storage tank system unless the activity is performed under the supervision of a qualified individual who holds a valid installer certificate issued under division (A) of this section;
(2) Act in the capacity of providing supervision for the installation of, performance of major repairs on site to, abandonment of, or removal of an underground storage tank system unless the person holds a valid installer certificate issued under division (A) of this section;
(3) Except as provided in division (C) of this section, sponsor a training program for underground storage tank systems installers unless the person holds a valid training program certificate issued under division (B) of this section.
Structure Ohio Revised Code
Title 37 | Health-Safety-Morals
Chapter 3737 | Fire Marshal; Fire Safety
Section 3737.01 | Fire Marshal - Fire Safety Definitions.
Section 3737.02 | Fees - Federal Funding.
Section 3737.03 | Duties of State Fire Council.
Section 3737.14 | Right of Entry.
Section 3737.17 | Small Government Fire Department Services Revolving Loan Program.
Section 3737.21 | Appointment, Qualifications of Fire Marshal - Vacancy.
Section 3737.22 | Fire Marshal - Powers and Duties.
Section 3737.221 | Negligent Operation of Motor Vehicles by Fire Marshal Employees.
Section 3737.23 | Record of All Fires.
Section 3737.24 | Investigation of Fire.
Section 3737.25 | Taking of Testimony on Oath.
Section 3737.26 | Arrest of Suspect.
Section 3737.27 | Power to Summon and Compel Attendance of Witnesses.
Section 3737.28 | Power to Administer Oaths - Refusal to Cooperate.
Section 3737.29 | Investigation May Be Private.
Section 3737.31 | Fire Marshal to Report to Superintendent of Insurance.
Section 3737.32 | Fire Marshal to Investigate Bombing.
Section 3737.33 | Ohio Fire Academy.
Section 3737.331 | Arson Seminar Programs.
Section 3737.34 | Fire Safety Inspector Certificate.
Section 3737.41 | Citation to Remedy Dangerous Condition.
Section 3737.42 | Issuing Citation or Notice of Violation.
Section 3737.43 | Notice of Penalty and Right to Appeal.
Section 3737.44 | Injunction - Temporary Restraining Order.
Section 3737.45 | Failure to Comply With Order.
Section 3737.46 | Actions Against Violators.
Section 3737.51 | Civil Penalty for Violations.
Section 3737.52 | Pfas Chemicals in Firefighting Foam.
Section 3737.61 | Posting Arson Laws.
Section 3737.62 | Negligent Spread of Fires.
Section 3737.63 | Discovery of Unfriendly Fire.
Section 3737.64 | Disclosing Purpose of Non-Official Inspection.
Section 3737.65 | Fire Protection Equipment - Prohibited Activities.
Section 3737.66 | Qualifications for Firefighter or Fire Official.
Section 3737.71 | Additional Tax on Fire Insurance Premiums.
Section 3737.72 | Fire Stations Required to Have Gas Masks.
Section 3737.81 | State Fire Council.
Section 3737.82 | Adopting State Fire Code Rules.
Section 3737.83 | Provisions to Be Included in State Fire Code.
Section 3737.831 | Issuance of Permit for Temporary Structures.
Section 3737.832 | Fire and Safety Standards Relating to Shale Oil Processing Premises.
Section 3737.84 | Provisions Not to Be Included in State Fire Code.
Section 3737.841 | Fire Safety and Standards Definitions.
Section 3737.842 | Rules for Flammability Standards.
Section 3737.85 | Rules for Giving Notice or Serving Notice.
Section 3737.86 | Rule Adoption Procedure.
Section 3737.87 | Underground Storage Tank Definitions.
Section 3737.88 | Underground Storage Tank Program and Corrective Action Program for Releases.
Section 3737.881 | Certifying Underground Storage Tank Systems Installers.
Section 3737.882 | Confirming or Disproving Suspected Petroleum Release.
Section 3737.883 | Underground Storage Tank Revolving Loan Program.
Section 3737.884 | Effect of Child Support Default on Certificate.
Section 3737.89 | Liability for Costs of Corrective or Enforcement Action.
Section 3737.90 | Petroleum Underground Storage Tank Release Compensation Board.
Section 3737.91 | Petroleum Underground Storage Tank Financial Assurance Fund.
Section 3737.92 | Purpose of Fund.
Section 3737.93 | Transferor of Title to Petroleum to Give Notice of Registration Requirements.
Section 3737.941 | Application of Other Bond Laws.
Section 3737.942 | Securing Revenue Bonds.
Section 3737.943 | Protection and Enforcement of Rights of Bondholder and Trustees.
Section 3737.944 | Bonds Not a Debt of State.
Section 3737.945 | Investments.
Section 3737.946 | Refunding Bonds.
Section 3737.947 | Bonds Are Lawful Investments.
Section 3737.948 | Purpose of Powers of Release Compensation Board.
Section 3737.95 | Purpose of Linked Deposit Program.
Section 3737.96 | Loan Applications.
Section 3737.97 | Accepting or Rejecting Loan Package.