Ohio Adm.Code 5501:2 | Ohio Administrative Code 5501:2 — Department of Transportation | Division of Highways

Chapter 5501:2-1 Movement of Overweight and Overdimension Vehicles

Ohio Adm.Code 5501:2-1-01 Definitions.

As used in the movement of overweight and over dimension vehicle rules:

(A) "Applicant" means any person that applies for a permit to move an overweight and/or over dimension vehicle on the state highway system and includes any agent or permit agency that is authorized to act on behalf of such person.

(B) "Bill of lading" means a receipt or ticket for property tendered for transportation by a motor common carrier in interstate, intrastate or foreign commerce containing the following information:

(1) Names of consignor and consignee.

(2) Origin and destination points.

(3) Number of packages.

(4) Description of freight.

(5) Date.

(6) Weight, volume, or measurement of freight (if applicable to the rating of the freight).

(C) "Construction equipment permit" means a permit granting a special privilege which allows the unlimited number of movements of the same vehicle, including trailer and/or equipment or machinery, whose width does not exceed twelve feet and whose weight, length and height do not exceed the limitations of sections 5577.02 to 5577.05 of the Revised Code to or from a construction work site for up to three hundred sixty-five calendar days.

(D) "Continuing permit" means any permit granting a special privilege which allows an unlimited number of movements of the same vehicle, including any approved load, axle weight, and axle spacing, between the same two specific locations over the same specified route for up to ninety calendar days.

(E) "Continuing annual permit" means any permit granting a special privilege which allows an unlimited number of movements of the same vehicle, including any approved load, axle weight, and axle spacing, between the same two specific locations over the same specified route for up to three hundred sixty-five calendar days.

(F) "Department" means Ohio department of transportation.

(G) "Director" means the director of the Ohio department of transportation, or the director's designee.

(H) "Emergency" means an occurrence or series of occurrences which causes, or threatens to cause, imminent loss of life or otherwise endangers public health, safety or welfare.

(I) "Emergency permit" means any permit applied for and granted over the phone during an emergency with all permit application procedures being complied with, and all fees submitted the next business day.

(J) "Farm equipment permit" means a permit granting a special privilege which allows the unlimited number of movements of farm machinery and equipment as specified in division (U) of section 4501.01 of the Revised Code to and from a farm or between two farm implement dealers, not to exceed three hundred sixty-five calendar days. The permitted vehicle shall be part of an over dimension vehicle whose maximum weight, length and height do not exceed the limitations specified in sections 5577.02 to 5577.05 of the Revised Code and whose width is fourteen feet or less.

(K) "Holiday" is a day appointed and recommended by the governor of Ohio or the president of the United States as a holiday where movement by special permit is prohibited. These holidays are: New Year's day, Memorial day, Independence day, Labor day, Thanksgiving day and Christmas day and may include any additional holidays as determined by the director. If any holiday designated herein falls on Sunday, the following Monday is a legal holiday and if the holidays falls on a Saturday, the immediately preceding Friday is a legal holiday.

(L) "Marina permit" means a permit granting a special privilege which allows the unlimited number of movements of boats to and from a point of storage, repair or launch, not to exceed three hundred sixty-five calendar days. The permitted vehicle shall not exceed the maximum weight limitations specified in sections 5577.02 to 5577.04 of the Revised Code, the maximum width of fourteen feet, the maximum load length of sixty-five feet, and the maximum overall length of seventy-five feet. The pick-up and delivery may not exceed a ten mile radius from the point of origin over state and U.S. highways. Movement is not authorized on fully controlled or limited access highways. Power unit may consist of an agriculture tractor or land tug. Such vehicle must have a three digit unit number clearly displayed. Maximum operating height is not to exceed four inches below the least vertical clearance for overhead obstructions on the route, but in no case shall the operating height exceed fourteen feet, six inches. The transporting vehicle must have properly placed slow moving vehicle signage and at least one rear escort vehicle accompanying the load at all times.

(M) "Manufactured building permit" means a permit granting a special privilege which allows an unlimited number of movements of a manufactured building or manufactured building component, not to exceed three hundred sixty-five calendar days. The permitted vehicle shall be part of an over dimension vehicle whose maximum weight, length and height do not exceed the limitations specified in sections 5577.02 to 5577.05 of the Revised Code and whose width is twelve feet or less.

(N) "Michigan legal permit" means a permit granting a special privilege which allows the movement of an overweight vehicle over prescribed routes between Williams, Fulton or Lucas counties in Ohio and the Michigan border. The permitted weight shall be based on the state of Michigan's weight law, with a gross vehicle weight not to exceed one hundred fifty-four thousand pounds, and with sufficient number of axles to meet the Michigan weight law.

(O) "International Sealed Container permit" means a permit granting a special privilege which allows the movement of a freight container sealed by a U.S. customs seal or packer's seal from an Ohio point of origin where the seal is affixed to an approved Ohio intermodal facility with a destination point outside the United States where the seal is broken for which a continuing permit may be granted for forty-five or ninety days. This permit does not apply to hazardous materials designated as such under the "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C. 5101 to 5128, and regulations adopted under it.

(P) "Approved Ohio Intermodal facility" means a facility where international sealed containers will be transferred from a commercial motor vehicle to a rail car, barge, ship, or cargo plane.

(Q) "Nondivisible load" means that which cannot be reduced in size or weight, or which is impractical to divide, or which cannot be so adjusted as to be within the size and weight limitations specified in sections 5577.02 to 5577.05 of the Revised Code, because to do so would:.

(1) Compromise the intended use of the vehicle, i.e., make it unable to perform the function for which it was intended;

(2) Destroy the value of the load or vehicle, i.e., make it unusable for its intended purpose; or

(3) Require more than eight work hours to dismantle using appropriate equipment. The applicant for nondivisible load permit has the burden of proof as to the number of work hours required to dismantle the load.

For the purposes of this rule, three or fewer steel or aluminum coils, transported by a vehicle, are deemed nondivisible loads.

(R) "Overweight and/or over dimension vehicle" means any vehicle, machinery, equipment, load, or combination thereof, which exceeds the limitations specified in sections 5577.02 to 5577.05 of the Revised Code.

(S) "Permit" means a written document, verified and issued by the director, granting a special privilege which allows the movement of an overweight and/or over dimension vehicle, subject to the conditions and limitations specified on that document.

(T) "Permittee" means any applicant that is granted a permit under Chapter 5501:2-1 of the Administrative Code.

(U) "Person" means any individual, trust, firm, joint stock company, federal agency, corporation (including government corporation), partnership, association, the state, municipality, commission, political subdivision of the state or any interstate body.

(V) "Pneumatic tires" means tires of rubber and fabric or tires of similar material, inflated with air.

(W) "Steel or Aluminum coil permit" means a permit granting a special privilege which allows the movement of three or fewer steel or aluminum coils with a maximum gross vehicle weight in excess of the eighty thousand pounds legal load limit, but not to exceed one hundred twenty thousand pounds, between two specific points, over prescribed routes. Such permits may be issued as a single trip permit, a continuing permit or annual continuing trip permit.

(X) "Single trip permit" means any permit granting a special privilege which allows an overweight and/or over dimension vehicle to make one move during a five day period and between two specific points over prescribed routes.

(Y) "Single trip and return permit" means any permit granting a special privilege which allows an overweight and/or over dimension vehicle to make a movement between two specific points over prescribed routes and returning to the point of origin within five days of the original movement.

(Z) "Unpermitted movement" means any movement involving a vehicle and/or load exceeding the weight and/or dimension limitations of sections 5577.01 to 5577.09 of the Revised Code that is made either without a permit issued pursuant to Chapter 5501:2-1 of the Administrative Code or contrary to the conditions and limitations imposed by a permit issued pursuant to Chapter 5501:2-1 of the Administrative Code.

(AA) "Vehicle" means every device in, upon, or by which any person or property may be transported or drawn upon a highway except devices other than bicycles moved by human power.

(BB) "Boat permit" means a permit granting a special privilege which allows an unlimited number of movements of a vehicle hauling a trailer designed and used for the transportation of boats, not to exceed three hundred sixty-five calendar days. The permitted vehicle shall not exceed the maximum weight, length and height limitations specified in sections 5577.02 to 5577.05 of the Revised Code and the maximum width of twelve feet.

(CC) "Regional heavy haul permit" means any permit granting a special privilege which allows an overweight and/or over dimension vehicle to make movements between an origin and up to five separate destinations within a proximal geographical vicinity over prescribed routes. The permit may be issued to divisible or nondivisible loads. Permits may be issued as a single permit or a ninety day continuing permit.

Last updated November 3, 2023 at 12:39 PM

History

Effective: November 3, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-1-02 Permit Application.

(A) Permits will be issued for the movement of overweight or over dimension vehicles only if that vehicle or load is transported by a vehicle, trailer, or semi-trailer with pneumatic tires.

(B) Vehicles used to haul an oversize load must meet all safety and operational requirements of the state of Ohio, must be capable of safely handling the load and must be able to maintain minimum speeds.

(C) A written or on-line application must be submitted by the applicant or agent for all permits including permits for construction and farm equipment, boats, and manufactured buildings in the form prescribed by the director.

(D) Applicants granted an emergency permit over the phone have until the next business day to complete an application for the movement.

(E) For the purpose of understanding the normal and expected damage caused by allowing over dimension and overweight permits on the state highway system, the director shall request a permit applicant to disclose the information set forth in paragraph (C) of this rule while striving to require the minimum amount of information necessary to administer this rule so that it would impose the least burden and cost to the permit applicant.

(F) The applicant shall provide:

(1) An accurate and complete description of the vehicle and load to be moved including all physical dimensions, axle weights and the gross vehicle weight.

(2) Except for construction and farm equipment, boats, and manufactured buildings, the proposed route including the origin and destination. Inaccurate or otherwise incomplete applications may result in a delay or denial of the issuance of a permit. Failure to propose a specific route on the application or failure of the proposed routing to accommodate the load shall result in the assignment of the best available route as determined by the director.

(3) Signature of applicant or authorized agent.

(4) Fees as set forth in rule 5501:2-1-05 of the Administrative Code, except as provided therein for advanced payments. Applications without accompanying fees may result in delay or denial of the issuance of the permit. Fees are waived for federal, state and local governments, and political subdivisions.

(5) An insurance policy endorsement or surety bond in the amounts specified in rule 5501:2-1-05 of the Administrative Code and on the form prescribed by the department. If a current unexpired endorsement or bond is already on file with the special hauling permits section, a separate submission is not required with each application. This requirement is waived for federal, state and local governments, and political subdivisions. Any cancellation of the endorsement, the policy to which the endorsement is attached, or the surety bond must be effected with a minimum thirty day notice of cancellation.

(G) Where filed.

(1) Permit applications submitted by mail may be sent by the applicant or its agent to the following address: "Special Hauling Permits Section, Ohio Department of Transportation, 1980 West Broad Street, Mail Stop 5140, Columbus, Ohio 43223."

(2) Alternatively, permit applications may be submitted on-line by accessing the application linked to the "Permits/Special Hauling" link under the Ohio department of transportation's home page at www.dot.state.oh.us division of operation, maintenance operations.

(3) The number of permits submitted by mail may be limited at the discretion of the director or the director's designee.

(H) Prior to the issuance or denial of any permit, the director may schedule a meeting to which the applicant will be invited to present evidence showing cause why the requested permit should be issued. If such a meeting is scheduled, the applicant may be represented by counsel.

(I) Each application will be carefully reviewed to determine the best route which allows movement in a manner which ensures the safety of all motorists and protects the public investment in the state highway system. Such alternatives may include but not be limited to, movement within legal limits without a permit and movement by other transportation means. The director may waive this condition if in the director's discretion such waiver is in the best interest of the safety of the traveling public and the protection of the transportation system.

(J) The director may issue a permit or may deny the issuance of a permit. If the permit is issued, it will be made available in person, by first class mail or electronic transmission as requested by the applicant or its agent. If a permit is denied, notice of such denial will be sent by electronic means of transmission to the applicant unless requested otherwise. All rights of appeal for the applicant denied a permit to move overweight and/or over dimension vehicles are described in rule 5501:2-1-06 of the Administrative Code.

(K) The department shall not share with, or convey to, any person (including any state employee) or governmental agency any information provided by the applicant pursuant to Chapter 5501:2-1 of the Administrative Code, unless disclosure is required by law, or the applicant gives prior written approval for such disclosure. The department agrees to keep all the trade secret information it may acquire concerning the applicant's commercial activity in confidence and use that information only in connection with the business purposes of the department.

Last updated November 3, 2023 at 12:39 PM

History

Effective: November 3, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-1-05

(A) All permit application processing fees consist of the basic processing charge of twenty dollars plus each unit of surcharge that is applicable to that movement.

(1) For one-way movements, the units of surcharge are as follows:

(a) Overweight up to one hundred twenty thousand pounds gross vehicle weight:

(i) Outbound trip: one hundred twenty-five dollars

(ii) Return trip: sixty-five dollars

(b) Overweight exceeding one hundred twenty thousand pounds gross vehicle weight:

(i) Outbound trip: one hundred twenty-five dollars plus four cents per ton over sixty tons, per mile traveled

(ii) Return trip: sixty-five dollars plus four cents per ton, over sixty tons, per mile traveled.

(i) Outbound trip: fifty-five dollars

(ii) Return trip: thirty-five dollars

(d) Overall width in excess of fourteen feet and/or overall height in excess of fourteen feet, six inches:

(i) Outbound trip: one hundred twenty-five dollars

(ii) Return trip: sixty-five dollars

(e) Emergency trip:

(i) Outbound trip: two hundred forty dollars

(ii) Return trip: one hundred fifteen dollars

(f) Steel or aluminum coil single trip permit: fifty-five dollars

(2) For continuing permits the units of surcharge are as follows:

(a) Overweight up to one hundred twenty thousand pounds gross vehicle weight:

(i) Outbound trip: four hundred ninety dollars

(ii) Return trip: two hundred fifty dollars

(b) Overall width up to fourteen feet and/or overall height up to fourteen feet six inches:

(i) Outbound trip: two hundred forty dollars

(ii) Return trip: one hundred twenty-five dollars

(d) Michigan legal:

(i) Overweight up to one hundred twenty thousand pounds gross vehicle weight: one hundred five dollars.

(ii) Overweight exceeding one hundred twenty thousand pounds gross vehicle weight: one hundred forty-five dollars.

(e) International sealed container:

(i) Forty-five day permit: two hundred forty dollars.

(ii) Ninety day permit: four hundred ninety dollars.

(3) For continuing annual permits the units of surcharge are as follows:

(a) Overweight up to one hundred twenty thousand pounds gross vehicle weight:

(i) Outbound trip: one thousand nine hundred sixty dollars.

(ii) Return trip: one thousand dollars

(b) Overall width up to fourteen feet and/or overall height up to fourteen feet six inches:

(i) Outbound trip: nine hundred sixty dollars

(ii) Return trip: two hundred dollars

(d) Michigan legal:

(i) Overweight up to one hundred twenty thousand pounds gross vehicle weight: four hundred fifty dollars.

(ii) Overweight exceeding one hundred twenty thousand pounds gross vehicle weight: six hundred ten dollars.

(4) Boat permits, construction equipment permits, farm equipment permits, manufactured building permits, and marina permits: eighty dollars.

(B) If a movement is both overweight and over width and/or over height, only one basic processing fee as set forth in paragraph (A) of this rule and the applicable overweight surcharge set forth in paragraph (A)(1)(a), (A)(1)(b), (A)(2)(a), or (A)(2)(b) of this rule will be charged.

(1) Revisions to permits under paragraph (A)(1)(b) or (A)(1)(d) of this rule: fifty dollars

(2) All other revisions: ten dollars

(D) All fees are waived for federal, state and local governments, and political subdivisions. If an overweight and over width and/or over height movement is in conjunction with a bona fide public construction project for any federal, state or local governments, or political subdivision, only the basic processing fee and the applicable revision fees will be charged.

(E) If the movement will require special work by the department such as special traffic control or special engineering analysis, the applicant will be responsible for the reimbursement of the total direct costs incurred by the department in the performance of such special work. The director will estimate the total direct costs to be incurred by the department and the applicant shall deposit this amount with the department in the form of cash, check, or money order prior to the performance of such work by the department. If the special work is not performed, the entire deposit will be returned to the applicant. If the work is performed and the total direct cost is less than the amount on deposit, then any excess will be returned to the applicant. If the work is performed and the total direct cost is greater than the amount on deposit, then the applicant will be billed for the deficiency. This fee for special work is in addition to the permit fees specified in this rule.

(F) The minimum liability insurance or the surety bond that each applicant must obtain as evidence of financial responsibility under paragraph (F) of rule 5501:2-1-02 of the Administrative Code shall be five hundred thousand dollars. In the event that the director determines that the risk to the transportation system exceeds these minimum amounts, the director may increase the level of financial responsibility required under this rule to an amount determined to be sufficient to meet the increased level of risk.

(G) The procedure for payment of permit fees is as follows:

(1) Direct payment may be made by cash, credit card, check or money order. Checks and money orders must be made payable to the treasurer of state, c/o Ohio department of transportation. At the discretion of the director, a third party processor service may be utilized for credit card transactions.

(2) An advance payment account may be established by depositing with the special hauling permits section in Columbus an amount sufficient to cover estimated fees for up to a six-month period. The deposit should be made by check or money order, made payable to the treasurer of state, c/o Ohio department of transportation. As permits are issued, the actual fees will be deducted from the account, with the current balance accessible through the department's internet based permit system. The balance in the account will be returned to the depositor along with a record of fee payments upon request or if the account remains inactive for a period of six months.

(H) Requests for the refunding of permit application processing fees paid pursuant to this rule shall be made to the director in writing by the person who signed the original application stating the justification for the refund. Refunds will not be granted for any cause arising from applicant error in completing and submitting the application. Refunds will be granted where the department was in error or where a permit could not be granted for the sole reason that an acceptable route for the requested movement could not be determined.

Last updated November 3, 2023 at 12:39 PM

History

Effective: November 3, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-1-06

(A) The bill of lading for all sealed containerized loads shall be in the form of a hard copy, be the original or a copy and include the following readily identifiable information:

(1) Consignor;

(2) Point of origin;

(3) Consignee;

(4) Point of destination; and the number of the packer's cargo seal;

(5) A signature authenticating the document, or a certification signed and dated or by an authorized agent of the permit holder stating that the attached document is authentic.

(B) All vehicles operating under this rule must be of a legal width, length, and height as established in section 5577.05 of the Revised Code.

(C) Any Ohio intermodal facility as defined in rule 5501:2-1-01 of the Administrative Code may request to be designated an "Approved Ohio Intermodal facility." Every facility making a request to be an approved facility shall send a letter to the department stating such request. When a facility demonstrates to the director or the director's designee any verification of movement the department may require, the director or the director's designee may designate the facility as an "Approved Ohio Intermodal facility." Any approved facility may have its approved facility designation suspended or revoked for cause.

Last updated November 3, 2023 at 12:39 PM

History

Effective: November 3, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-1-03 Limitations on permits.

(A) Duration of permits shall be as follows:

(1) Construction equipment permit- up to three hundred sixty-five calendar days;

(2) Farm equipment permit- up to three hundred sixty-five calendar days;

(3) Manufactured building permit- up to three hundred sixty-five calendar days;

(4) Marina permit- up to three hundred sixty-five calendar days;

(5) Boat permit- up to three hundred sixty-five calendar days;

(6) Steel or aluminum coil single trip permit- up to five calendar days;

(7) Steel or aluminum coil continuing permit- up to ninety calendar days;

(8) Michigan legal weight permit up- to ninety calendar days;

(9) International sealed container permit- either up to forty-five calendar days or up to ninety calendar days;

(10) Continuing permit- up to ninety calendar days;

(11) Continuing and return permit- up to ninety calendar days;

(12) Continuing annual permit- up to three hundred sixty-five calendar days;

(13) Single trip permit- up to five calendar days;

(14) Single trip and return permit- up to five calendar days;

(15) Emergency single trip permit- up to one calendar day;

(16) Emergency single trip and return permit- up to three calendar days;

(17) Regional heavy hauling permit- either up to five calendar days or up to ninety calendar days.

(B) In no case shall a permit be issued for a duration which extends beyond the expiration date of any insurance policy or endorsement provided as evidence of financial responsibility.

(C) Extension of the duration of any previously-issued single or single trip and return permits may be granted in the case of movements which were unable to be started or completed due to factors beyond the control of the permittee. Requests for extensions shall be made in writing through the same entity that originally entered the permit application. Such extensions shall not exceed one calendar day for a single trip permit and three calendar days for a single trip and return permit unless otherwise extended at the discretion of the director.

(D) Revisions to previously-issued permits may be granted to correct errors or to adjust the permit conditions for circumstances beyond the scope of knowledge of the applicant or the department at the time of permit issuance. Prior to the start of the permitted movement, each request for a revision other than the correction of typographical errors shall be in writing through the same office that originally issued the permit. Following the start of the permitted movement, requests for revisions may be submitted orally where a change in the authorized route is necessitated by road closures, traffic accidents or similar unforeseen circumstances, or where a substitution of an equivalent towing or transporting vehicle is necessitated by mechanical breakdown or other similar circumstance which precludes its use for the completion of the movement. Revisions will not be granted to change the name of permittee, alter the description of the load, change the origin or destination of the movement, or alter a permit that has been violated.

Last updated November 3, 2023 at 12:39 PM

History

Effective: November 3, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-1-04 Conditions on permitted movements.

(A) The driver of an overweight and/or over dimension vehicle shall possess at all times during the permitted move and show to any law enforcement officer or load limit inspector of the Ohio state highway patrol or any employee of the Ohio department of transportation:

(1) The valid permit or a facsimile or electronic copy thereof issued under Chapter 5501:2-1 of the Administrative Code.

(a) If carrying a facsimile or electronic copy, it shall be the responsibility of the driver to obtain verification of the original issuance of a validated permit to which the facsimile refers if such verification is requested by any law enforcement officer or load limit inspector of the Ohio state highway patrol or any employee of the Ohio department of transportation. The permit, any facsimile or retransmission, shall be clearly legible, free of any markings, writing, symbol, logo, letterhead, characters, or inscriptions that are not part of the permit as transmitted by the department. An additional tele-facsimile header is allowed. Verification shall be by the production of the valid permit itself or the written or oral confirmation of the special hauling permits section that the referenced permit is valid.

(2) A complete copy of the two-page state of Ohio form OS-1A, "limitations/provisions on the use of a special hauling permit".

(3) Except for drivers of farm equipment, government owned vehicles, construction equipment and boats, a copy of the bill of lading or other document of like nature.

(4) A statement of gross vehicle weight.

(B) Any law enforcement officer of this state, employee of the state highway patrol, or employee of the department of transportation, may at any time, examine the bill of lading and/or the statement of gross vehicle weight. Upon determining there is reason to believe that the information contained therein is incorrect, said law enforcement officer, employee of the state highway patrol, or employee of the department of transportation, may proceed to weigh the vehicle and take appropriate action if the vehicle proves to violate rules and laws contained herein. If the name of the shipper on the bill of lading or other document of like nature does not conform to the origin depicted on the verified permit, the permit shall be considered invalid.

(C) Unless otherwise provided in the permit, no movements except emergency movements shall be made at night (between the hours of sunset to sunrise) or from twelve noon of the day preceding and continuing until sunrise of the day following all designated holidays or any other day or weekend as designated by the director.

(D) All movements shall be made at such speeds and in such manner so as to conform to the posted speed limits unless otherwise provided in the permit and in compliance with all traffic laws governing the movement of traffic in general.

(E) No movements under permits shall be made during adverse weather and/or road conditions, such as storms, slippery or snow-covered roads, thick fog or other conditions restricting visibility. This condition may be waived if determined by the director to be in the best interest of the public.

(F) No vehicle or load operating under a permit shall be parked upon the highway or shoulder at any time, except as directed by a law enforcement officer, an authorized employee of the department, or in the event of a mechanical failure or traffic accident necessitating such stopping, in which case adequate protection shall immediately be provided for the traveling public.

(G) Every vehicle operating under a permit shall maintain sufficient space, whenever conditions permit, between such vehicle and another vehicle ahead so that an overtaking motor vehicle may enter and occupy such space without danger.

(H) Every vehicle operating under a permit shall, when traveling on freeways, expressways, or multi-lane undivided highways, remain in the far right-hand lane of said highway except as necessary to maintain continuous through movement, to make left turns or exits, or to pass other vehicles. Overwidth vehicles shall exercise all due caution when passing other vehicles traveling in the same direction.

(I) Flags and/or flag persons may be required at the discretion of the director. If the director determines that flags and/or flag persons are necessary, these requirements will be specified on the permit. Such flags and/or flag persons shall then conform to the following specifications:

(1) All flags shall be clean, bright solid red or orange in color, and at least eighteen inches square. They shall be displayed on all four corners of all overwidth vehicles or loads and at the extreme ends of all protrusions, projections, or overhangs.

(2) A flag person shall be equipped with a flag and a bright lime green or orange upper outer garment, such as a safety vest. Such person shall be familiar with proper flagging procedures and be responsible for directing traffic, through proper use of the flag and hand signals as described in the "Ohio Manual of Uniform Traffic Control Devices," as amended, at all locations where traffic may be obstructed, at all danger points such as narrow bridges, or when necessary to encroach upon an opposing traffic lane due to breakdown, pulling on or off the pavement, or other similar reasons.

(J) Flashing amber beacons may be required on over dimension vehicles or combinations of vehicles and loads at the discretion of and as prescribed by the director. Special vehicle lighting over and above that required by law may be prescribed by the director for emergency movements at night or during other periods of restricted visibility. If the director determines that safety lighting devices are necessary, these requirements will be specified on the permit.

(K) All over dimension vehicles, when their overall height exceeds legal maximum, length exceeds legal maximum, and width meets or exceeds ten feet, operating under permits shall display signs on the front and rear in accordance with standard sign designs as prescribed by the director.

(L) Private escorts or police escort vehicles may be required at the discretion of and as prescribed by the director. If the director determines that escort service is necessary, this requirement will be specified in the permit. Permittees may elect to utilize escorts but must advise the director of such election in advance and conform to the escort conditions prescribed by the director and the financial responsibility provisions of the Revised Code. Every person operating a private escort vehicle must be a licensed driver who is also capable of performing the duties of a flag person as described in paragraph (I)(2) of this rule.

(M) The operator or driver of any over dimension or overweight vehicle operating under a permit shall strictly adhere to the routing specified in the permit and shall not deviate therefrom except as authorized by the director for unforeseen conditions that preclude the use of specified routing as described in paragraph (D) of rule 5501:2-1-03 of the Administrative Code.

(N) The permit may specify additional limitations that the director determines to be necessary for the protection of pavements or structures or that the director determines to be necessary for the safety of the motoring public.

Last updated November 3, 2023 at 12:39 PM

History

Effective: November 3, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-1-07 Right of appeal.

(A) For thirty days following notification of the denial of an application for a permit, or for the denial of a request for or suspension or revocation of the designation of "Approved Ohio Intermodal Facility," the person so notified has the right to request a formal hearing before the director, or a representative designated by the director, for the purpose of showing cause as to why the permit should be issued or why the designation should be approved or not be suspended or revoked. If a formal hearing is requested, the director will set the date, time and place for such hearing and so notify the person requesting the hearing. The date set for the hearing shall be within fifteen days, but not earlier than seven days, after the person has requested the hearing unless otherwise agreed. A record of the testimony and other evidence presented at such hearing will not be made unless the person requesting the hearing also requests in writing that such record be prepared to serve as a basis for appeal from the final order of the director. If a hearing is not requested within thirty days of the notification, or if such hearing is held, the decision of the director becomes a final order.

(B) Any party adversely affected by the final order of the director under this chapter may appeal from that order in the manner and with the rights prescribed under Chapter 119. of the Revised Code.

Last updated November 3, 2023 at 12:39 PM

History

Effective: November 3, 2023
Promulgated Under: 119.03

Chapter 5501:2-2 Erection and Control of Outdoor Advertising

Ohio Adm.Code 5501:2-2-01 Definitions.

For the purpose of this rule, the following terms shall have the meanings given them in section 5516.01 of the Revised Code: "advertising device," "visible," "interstate system," "erect," "maintain," "national policy," "primary system," "zoned commercial or industrial areas," "unzoned commercial or industrial area," "commercial or industrial activities," "nonconforming advertising device," "scenic byway," "director," "commercial or industrial zone," and "compensation."

(A) "Abandoned or discontinued advertising device" means any permitted advertising device which has ceased to display advertising copy or needs substantial repairs of more than seventy per cent of its replacement value for more than one year. An advertising device shall be considered to be abandoned or discontinued if neither the sign owner nor the landowner claim any responsibility for the advertising device.

(B) "Advertising copy" means any combination of words, symbols, pictures, display or trade name intended to invite or draw the attention of the public to any goods, merchandise, property, business, services, entertainment, amusement or other commercial activity.

(C) "Advertising device" shall have the same meaning given in section 5516.01 of the Revised Code. All advertising devices shall be affixed to a structure. Such structures and devices may include, but are not limited to, one of the following forms:

(1) "Single face" means one sign face, facing one direction of travel at a single location.

(2) "Back to back" means two sign faces, attached on each side of the structure and facing opposite directions of travel at a single location.

(3) "V-type" means sign faces, facing opposite directions of travel at a single location oriented at an angle to each other, the nearest points of which are not more than fifteen feet apart.

(4) "Tri-face" means three sign faces at one location with no more than two sign faces facing one direction of travel, and one sign face facing the opposite direction of travel.

(5) "Double face, one way" means two sign faces stacked on the same supporting structure, facing one direction of travel, or two sign faces on two structures immediately adjacent to one another facing one direction of travel at a single location.

(6) "Double face, back to back" means four sign faces at one location with no more than two faces either stacked on the same supporting structure or on two structures, facing opposite directions of travel.

(D) "Bonafide comprehensive zoning plan" means a general plan to control and direct the use and development of property in a municipality or in a large part thereof by dividing it into districts according to the present and potential use of the properties.

(E) "Centerline of the highway" means a line equidistant from the edges of the median separating the main-traveled ways of a divided highway or the centerline of the main-traveled way of a non-divided highway.

(F) "Directional signs" means signs containing directional information about public places owned or operated by federal, state, or local governments or their agencies; publicly or privately owned non-profit natural wonders accredited by the Ohio department of natural resources or non-profit historic attractions accredited by the Ohio history connection.

(G) "Entrance roadway" means any public road or turning roadway, including acceleration lanes, by which traffic may enter the main-traveled way of the interstate system as defined by division (C) of section 5516.01 of the Revised Code or system as defined by division (G) of section 5516.01 of the Revised Code from the general road system within a state. This definition applies whether or not traffic may also enter the main-traveled way by such road or turning roadway.

(H) "Exit roadway" means any public road or turning roadway including deceleration lanes, by which traffic may leave the main-traveled way of the interstate system as defined by division (C) of section 5516.01 of the Revised Code or primary system as defined by division (G) of section 5516.01 of the Revised Code to reach the general road system within a state. This definition applies whether or not traffic may also enter the main-traveled way by such road or turning roadway.

(I) "Freeway" means a divided multi-lane highway for through traffic with all crossroads separated in grade and with full control of access.

(J) "Illegal sign" means an advertising device with advertising copy which was erected or is maintained in violation of federal, state, or local law or ordinance.

(K) "Immediately adjacent" means directly touching or bordering one another no farther apart at their nearest point than fifteen feet.

(L) "Interchange" means both a junction of two or more highways by a system of separate levels that permit traffic to pass from one to another without the crossing of traffic streams, and a system of interconnecting roadways in conjunction with one or more grade separations that provides for the movement of traffic between two or more roadways or highways on different levels.

(M) "Lease" means an agreement by which possession or use of land or interests therein is given for a specified purpose, which is a valid contract under the laws of the state, and which grants an interest in the real estate for a specific time period.

(N) "Main-traveled way" means the traveled way of a highway on which through traffic is carried.

(O) "Multiple message sign face" means an advertising device whose whole sign face changes by rotating vertical slats or other electronic process or remote control.

(P) "Normal maintenance (nonconforming devices)" means that which is customary to keep a sign in ordinary repair and upkeep. Repairs will be allowed for acts of God, vandalism, or other criminal or tortious acts.

(Q) "Official sign" means an outdoor sign erected and maintained by public officers or public agencies within their territory or jurisdiction and pursuant to and in accordance with direction or authorization contained in federal, state or local law for the purpose of carrying out an official duty or responsibility.

(R) "Parkland" means any publicly owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge, memorial, or historic site.

(S) "Proposed interchange" means an interchange or access point contained in the department's final alignment.

(T) "Re-erect" means the placing of any advertising device in such a position as to make its advertising copy visible subsequent to its initial erection and removal.

(U) "Remove" means the complete disassembly and removal of an advertising device including all component parts, so that its sign face is no longer visible, except if removal would result in substantial structural damage to a building. All electrical service shall be disconnected, if any, and there shall be a complete removal of wires, conduit and supporting structures including the removal from the property of all disassembled elements of the advertising device.

(V) "Safety rest area" means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control, for the convenience of the traveling public.

(W) "Scenic area" means any public park or area of particular scenic beauty or historical significance designated by the director of transportation or other public authority.

(X) "Traveled way" means the portion of a roadway for the movement of vehicles including ramps and turning roadways but exclusive of shoulders.

(Y) "Turning roadway" means a connecting roadway for traffic turning between two intersecting legs of an interchange.

(Z) "Variable message sign face" means one whose message is partially changed by electronic process or remote control, including, but not limited to, rotating cubes, rotating vertical triangular slats, messages changed by turning lights on and off, remote numeric displays, scrolling messages, glow cubes, light emitting diodes, cathode ray tubes and florescent discharge or other similar technology approved by the director. Furthermore, digit(s) changed infrequently is/are not to be considered moving, flashing, or intermittent lights or moving parts and will be deemed a change of copy only.

(AA) "Business District" means an area fronting upon a street or highway on the non-freeway portion of the federal aid primary or national highway systems, including the street or highway, between successive signalized intersections within incorporated municipalities where fifty per cent or more of the frontage between successive intersections for a distance of three hundred feet in both directions is occupied by buildings in use for business.

(BB) "Sign Face" means a part of the advertising device that contains or displays visible advertising copy. It is distinguished from other parts of the device, including another sign face, light fixtures, the apron, or catwalk unless those components display a part of the visible advertising content of the sign.

Last updated January 2, 2024 at 2:04 PM

History

Effective: April 30, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-2-02 General provisions for the erection and control of outdoor advertising.

(A) Restrictions on outdoor advertising adjacent to the interstate, federal aid primary, and national highway systems: all advertising devices erected or maintained within six hundred sixty feet of the nearest edge of the right-of-way and visible from the main traveled way shall conform to the following requirements:

(1) Zoning criteria: outdoor advertising must be located in areas zoned for commercial or industrial use or in areas which qualify for unzoned commercial or industrial use. Zoning action taken which is not part of a bona fide comprehensive zoning plan and is created primarily to permit outdoor advertising device structures shall not be recognized as zoning for the purpose of Chapter 5516. of the Revised Code or division 5501:2 of the Administrative Code. A zone in which limited commercial or industrial activities are permitted as an incident to other primary land uses is not considered to be a commercial or industrial zone for outdoor advertising control purposes. Strip and spot zoning are not permitted for advertising device control purposes. The definition of an unzoned commercial or industrial area as used in division (I) of section 5516.01 of the Revised Code shall apply within a political subdivision or area if:

(a) A unit of government is not authorized to zone; or

(b) A unit of government has not zoned in accordance with statutory authority.

(2) Sizing criteria:

(a) Area:

(i) The maximum area of a sign face shall be twelve hundred square feet, excluding decorative bases and supports. The minimum area for any such sign face for which a permit is required shall be eight square feet. Two sign faces may be permitted at a single location facing the same direction provided that they are immediately adjacent to each other. If there is a border or trim around a sign face, it shall be deemed to be a separate sign face and the total combined area of both sign faces at a single location may not exceed twelve hundred square feet.

(ii) The area of a sign face shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire sign face, including border, trim, cutout and extension.

(b) Height:

Any advertising device structure exceeding one hundred fifty feet in height shall comply with the American association of state highway and transportation officials standards. The applicant shall submit all necessary plans and documentation to assist the department in the review and approval of the advertising device.

(3) Spacing criteria:

(a) Interstate highway systems: for any advertising device adjacent to an interstate highway system, the following spacing requirements shall apply:

(i) Advertising devices, whose sign faces are visible to approaching traffic, on either or same side of the main traveled way shall have a minimum spacing of five hundred feet between each advertising device.

(ii) Advertising devices, whether or not visible to the main-traveled way of the interstate system, shall not be located at or within five hundred feet of an interchange or proposed interchange.

(iii) No advertising device, outside a municipal corporation, shall be located within five hundred feet of any visible and publicly owned, controlled or maintained safety rest area, parkland, garden, forest preserve, picnic ground, playground, swimming beach, elementary or secondary school, cemetery, or scenic area, that is visible from or whose property boundaries front the main traveled way.

(b) Federal aid primary and national highway systems: for any advertising device adjacent to a route on the federal aid primary or national highway systems, the following spacing requirements shall apply:

(i) Advertising devices whose sign faces are visible to approaching traffic on either or same sides of the main-traveled way shall have a minimum spacing of:

(a) Five hundred feet outside of a municipal corporation and on freeways within a municipal corporation.

(b) Two hundred fifty feet on other highways inside a municipal corporation.

(ii) Advertising devices, whether or not visible to the main-traveled way of the federal aid primary or national highway systems, shall not be located within five hundred feet of an interchange or proposed interchange.

(iv) There is no spacing requirement between advertising devices, including multiple message and variable message, located within a business district provided the sign face of the advertising device is not visible to the main traveled way of a highway on the interstate system or a freeway portion of the federal aid primary or national highway systems.

(i) The distance from the edge of the right of way shall be measured horizontally along a line perpendicular to the centerline of the highway.

(ii) The distance between advertising devices visible to approaching traffic shall be measured along the right edge of the main-traveled way of the highway in the direction of travel. Only advertising devices included in division (A) of section 5516.02 and divisions (A) and (B) of section 5516.06 and division (A) of section 5516.061 of the Revised Code shall be considered in determining spacing requirements.

(iii) The distance from an interchange shall be measured at the nearest point of the beginning or ending of pavement widening of the exit or entrance roadway to the main-traveled way along the right edge of the main-traveled way.

(iv) The distance from safety rest areas on freeways shall be measured at the nearest point of the beginning or ending of pavement widening from the exit or entrance roadway to the main-traveled way along the right edge of the main-traveled way of the interstate system, federal aid primary system, or national highway system.

(v) The distance from any parkland, safety rest area, park, garden, forest preserve, playground, picnic ground, swimming beach, any elementary or secondary school, cemetery, or scenic area shall be measured from the nearest property boundary, and shall apply to both sides of the highway along which the area is located.

(4) Lighting criteria: lighting shall not be used in any way in connection with any advertising device or sign face unless it is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the main-traveled way of any highway, or is of such low intensity or brilliance as not to cause glare or impair the vision of the driver of any motor vehicle, or to otherwise interfere with any driver's operation of a motor vehicle.

(a) Advertising devices shall not contain or be illuminated by any animation or video, nor illuminated with any flashing, fading, intermittent, or moving light or lights.

(b) A multiple message or variable message sign face shall not include animations, video, or be illuminated with flashing, intermittent, or moving lights. No multiple message or variable message sign face may include any illumination which is flashing, intermittent, or moving when in a fixed position.

(5) When an advertising device is erected so that a sign face is visible from two or more highways, the more stringent of applicable outdoor advertising control requirements for those routes shall apply.

(6) All advertising devices and sign faces must be clean and in good repair.

(7) Abandoned, discontinued and damaged advertising devices.

(a) When an advertising device is damaged by more than seventy per cent of its replacement value immediately prior to the damaging incident, the device will be considered destroyed. This does not apply to advertising devices damaged by vandalism, other criminal or torturous acts or weather-related causes, upon satisfactory evidence submitted to the Ohio department of transportation.

(b) An advertising device and structure which has depreciation of more than seventy per cent of its replacement value due to lack of maintenance is considered to be abandoned or discontinued.

(c) An advertising device which ceases to display advertising copy longer than one year is considered to be abandoned or discontinued.

(d) Advertising devices, whose sign faces have ceased to display or have never displayed advertising copy, are subject to control and removal when advertising is added or affixed and becomes visible from the main traveled way.

(e) The re-erection of any advertising device that is abandoned, discontinued or appropriated requires the submission and approval of a new application for each sign face pursuant to rule 5501:2-2-05 of the Administrative Code and must be erected in a conforming location.

(B) Multiple message and variable message sign faces: such sign faces may be permitted on the interstate system, federal aid primary system, or national highway system under the following conditions:

(1) Each message or advertising copy shall remain fixed for at least eight seconds;

(2) When a message or advertising copy changes by remote control or electronic process, it shall be accomplished in three seconds or less;

(3) No such sign face, except as provided in paragraph (A)(3)(b)(iv) of this rule, shall be placed within one thousand feet of another multiple message or variable message sign face visible in the same direction of travel;

(4) Such sign faces shall contain a default design that will freeze the device in one position if a malfunction occurs;

(5) The maximum area for a multiple message or variable message sign face shall be twelve hundred square feet, excluding decorative bases and supports; and

(6) Only one multiple message or variable message sign face shall be permitted at a single location facing the same direction.

(1) A conforming advertising device may be modified as follows:

(a) The addition of lights or other illumination to the advertising structure if such device did not previously have lighting for illumination; or

(b) Replacement of parts on the sign structure with materials other than the kind of materials with which the device was originally erected; or

(c) Reduce, enlarge or rebuild the advertising device or its structure; however, any enlargement of the sign face must meet the size criteria of paragraph (A)(2) of this rule; or

(d) Change any sign face to a multiple message or to include variable message components.

(e) The addition of a temporary extension to the outside dimensions of a sign face may not exceed twenty per cent of the permitted size and may be maintained for a temporary period up to twelve months. Thereafter, the temporary extension must be removed for at least sixty days or the permit holder's permit will be revoked.

(2) No advertising device or sign face may be modified unless the permit holder has completed a modification application and submitted it to the advertising device control section. No modifications may be made until such application has been approved by the advertising device control section. All modification applications will be processed on a first come-first serve basis and will be time and date stamped.

(3) A one hundred dollar processing fee per sign face shall accompany any modification application except that the processing fee to modify a sign face to a multiple message or variable message advertising device shall be four hundred dollars. If the processing fee is not submitted with the modification application, the application will be returned unprocessed.

(4) No modification application will be processed until the permit holder has paid all delinquent renewal fees for all currently held permits.

(5) If ODOT discovers any advertising device or sign face has been modified without the prior approval of ODOT, ODOT will notify the permit holder and request that a modification application and doubled processing fees be submitted within thirty days from the receipt of the notice or the permit will be subject to cancellation pursuant to paragraph (G) of rule 5501:2-2-05 of the Administrative Code.

(6) No modification application will be processed until the permit holder has removed all illegal advertising devices it controls.

Last updated January 2, 2024 at 2:04 PM

History

Effective: April 30, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-2-05

(A) Applications

(1) An application for a permit shall be obtained from and returned to the ODOT advertising device control section.

(2) An application for a permit shall be completed in its entirety. If an application is not completed, including all required signatures, the application and fees will be returned. All applications will be date and time-stamped and will be processed on a first come-first serve basis. If an application has to be returned for any reason, it will not retain its preference over any other application that may be submitted for the same location.

(3) Each sign face requires a separate permit. Applicants shall complete one application for each sign face requested, however, an applicant shall only complete one application when requesting a permit for a multiple message or variable message sign face.

(B) Application fees

The application fees shall be as follows:

(1) Two hundred twenty-five dollars per static sign face

(2) Two hundred twenty-five dollars for each device or structure having only back to back advertising faces where each sign face is to be less than thirty-six square feet in area

(3) Two hundred twenty-five dollars for each device or structure having only back to back advertising faces where each face is identical in size ie., high rise pylon signs lighted from within

(4) Six hundred twenty-five dollars for multiple message or variable message sign face

(1) If a local authority requires a permit applicant to obtain any type of permit to erect an advertising device, the permit applicant must state in the application that they have applied for such permit or the application will be returned unprocessed. If a permit applicant has received the required local permits prior to submitting their application to ODOT, copies of such required permits must be submitted with the application. Any permit applicant who has not yet received the required permit from the local authority must submit to the advertising device control section a copy of such permit within thirty days of its issuance by the local authority and prior to the erection of the proposed advertising device before ODOT will approve the final permit. If litigation results from the pursuit of a local permit, the time will toll until final disposition of the pending litigation.

(2) The cost of the application fee or the cost of an initial inspection required by a municipal corporation may, upon request, be credited against and shall reduce the cost of the permit issued by the director. If a municipal corporation credit is requested, proof of payment from the municipal corporation must be included with the permit application or submitted within thirty days of issuance of the local building permit or no such credit shall be granted.

(D) No application will be processed for a new permit when the applicant has any outstanding delinquent bills, including outstanding renewal fees for other permits, has modified a device prior to receiving approval from the advertising device control section, or has erected or is maintaining an illegal device.

(E) If ODOT discovers any advertising device displaying advertising copy that has been erected without the conditional approval of ODOT, ODOT will notify the sign owner and request that a permit application be submitted within thirty days from the receipt of the notice or the device will be subject to removal pursuant to section 5516.04 of the Revised Code. All application fees are doubled for applications submitted after the erection of an advertising device displaying advertising copy.

(F) Renewal, reinstatement, and late fees

(1) Each permit is subject to a biennial renewal fee of one hundred twenty-five dollars except that the renewal fee for a multiple message or variable message permit shall be three hundred twenty-five dollars per permit. All permit holders must submit a renewal application from the advertising device control section before the expiration of the permit or within thirty days of the expiration of the permit.

(2) As part of the renewal application, the permit holder shall certify the condition of each advertising device including, but not limited to, whether the advertising device is in need of repair, has been removed, the permit plate is missing, has the wrong permit plate attached, the permit plate is illegible, the sign face is blank with no live copy, the advertisement on the device is illegible, only the structure is in place, or whether the device has been abandoned, discontinued or destroyed. If any of these conditions exist, they must be corrected within one year or the permit will be canceled.

(3) Each renewal application must be completed in its entirety and returned to ODOT, advertising device control section. If a renewal application is not completed, including all required signatures, the renewal application and fees will be returned. Renewal applications that contain false or misleading information regarding the condition of the advertising device shall result in the revocation of the permit holder's permit. The permit holder may request an administrative hearing pursuant to section 5516.12 of the Revised Code within the time allowed under section 119.09 of the Revised Code.

(4) All renewal fees shall be paid within thirty days of receipt of the renewal invoice. If the renewal fee remains unpaid after the thirty day grace period, it will be subject to a late fee of five per cent of the total amount of the renewal invoice and a notice of proposed cancellation will be sent to the permit holder notifying the permit holder that the permit will be canceled within thirty days unless the permit holder pays all renewal and late fees.

(5) Upon the expiration of the thirty day cancellation period, a notice of cancellation will be sent to the permit holder. The permit holder may request an administrative hearing pursuant to section 5516.12 of the Revised Code within the time allowed under section 119.09 of the Revised Code to show cause why the canceled permit should be reinstated. No permit shall be reinstated unless all outstanding fees have been paid.

(6) If a reinstatement hearing is not requested within the allowed time period and the advertising device has not been removed after its permit cancellation, it will be considered an illegal advertising device subject to the removal provisions of section 5516.04 of the Revised Code. Any unpaid invoices and late fees will be certified to the office of the attorney general for collection.

(G) Cancellation, replacement or transfer of permits

(1) In order to cancel a permit, the permit holder must request cancellation of the permit by notifying the advertising device control section in writing. The permit holder must remove the advertising device and sign face upon notification or within thirty days of the notification. If the advertising device and sign face are not removed within thirty days, the device will be considered an illegal device subject to the removal provisions of section 5516.04 of the Revised Code.

(2) If a permit plate is lost or missing, a replacement plate may be obtained from the advertising device control section for a fee equal to the department's cost of issuing the replacement permit plate. The request must be submitted in writing. All permit plates must be oriented so that they are visible from the main, traveled way or the permit holder will be fined twenty-five dollars for each month the permit plate is lost, missing or not visible from the main, traveled way.

(3) A permit may be transferred to a new permit holder upon the submission of an application requesting such transfer. The application shall include the signatures of both the current and prospective permit holder. If both signatures are not contained on the application, the application will be returned unprocessed. A transfer fee of twenty-five dollars per permit shall be submitted with all transfer applications, with a maximum transfer fee of twenty thousand dollars per acquisition. All delinquent bills for any permit must be paid before a transfer will be approved.

(H) Conditional permits

(1) The issuance of a permit will be considered conditional until such time as the sign structure, advertising device, and sign face are erected at the location indicated on the application and the advertising device control section has verified that the sign owner complied with all the terms and conditions of the conditional permit and the statutes and rules included in this chapter.

(2) The applicant shall notify the advertising device control section in writing that an advertising device has been erected within thirty days after completion of construction. Failure to notify the advertising device control section within this thirty day period may result in disapproval of the final permit. Conditional permits automatically expire two years from the date of issuance.

(3) A sign face for which a final permit can be issued, shall, when erected, be complete and intended to advertise a product or message. Where there are posts only, partial structure, company name markers or no structure at all, a final permit shall not be issued.

(4) A conditional permit may only be issued for a legal location. If a conditional permit is requested upon the condition that an already existing permit permit(s) will be canceled so that the requested location can become a legal location, the advertising device control section may hold the location for the applicant for no more than sixty days. At the expiration of the sixty day period, the existing permit(s) must be canceled and the existing advertising device(s) and sign face(s) must be completely removed. If the existing permit(s) are not canceled or their removal is not completed, a conditional permit will not be issued and applications for legal locations will be accepted from new applicants in the order that they are received.

(5) All proposed advertising device locations and conditional permits must be staked permanently at the proposed location or straight line mile marker (SLM) approved until the advertising device's structure is erected.

Last updated January 2, 2024 at 2:04 PM

History

Effective: April 30, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-2-03 General provisions for the erection and control of outdoor signs.

(A) The area of a sign face shall meet the following requirements:

(1) The maximum area of a sign face shall be twelve hundred square feet, excluding decorative bases and support.

(2) The area of a sign face shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire sign face, including border, trim, cutout and extension.

(B) Any sign structure exceeding one hundred fifty feet in height shall comply with the American association of state highway and transportation official standards.

(C) Lighting shall not be used in any way in connection with any sign face unless it is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the main-traveled way of any highway, or is of such low intensity or brilliance as not to cause glare or impair the vision of the driver of any motor vehicle, or to otherwise interfere with any driver's operation of a motor vehicle.

Sign faces shall not include animations, video, or be illuminated with flashing, intermittent, or moving lights. No multiple message or variable message sign face may include any illumination which is flashing, intermittent, or moving when in a fixed position.

Last updated January 2, 2024 at 2:04 PM

History

Effective: April 30, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-2-04 Directional and official advertising devices.

Directional and official signs are not required to have a permit under section 5516.10 of the Revised Code or rule 5501:2-2-05 of the Administrative Code.

(A) All directional signs shall conform to the following requirements:

(1) Must contain only the identification of the activity and directional information.

(2) Cannot exceed thirty-two square feet in area.

(3) Must comply with spacing and lighting requirements contained in rule 5501:2-2-02 of the Administrative Code.

(4) Must not use logos.

(B) All official signs shall conform to the following requirements:

(1) The sign must be erected and maintained by a public official or agency.

(2) The sign must be erected within the territorial jurisdiction or zoning jurisdiction of the public official or agency. The official or agency must exercise some form of governmental authority to enact or administer law over the area upon which the sign is located.

(3) The sign must be erected and maintained pursuant to specific authority of statute.

(4) The sign must be erected for the purpose of carrying out or furtherance of an official duty or responsibility.

(5) The historical marker sign must be authorized by state law and erected by state or local government agencies or non-profit historical societies.

Last updated January 2, 2024 at 2:04 PM

History

Effective: April 30, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-2-06 Nonconforming advertising devices.

(A) A sign owner of a nonconforming advertising device must apply for and receive a permit for each nonconforming sign face pursuant to section 5516.10 of the Revised Code and rule 5501:2-2-05 of the Administrative Code. A nonconforming advertising device may be sold, leased, or otherwise transferred without affecting its status, but its location may not be changed. Any transfer of a permit for a sign face on a nonconforming advertising device shall follow the procedures for transfer of a permit under rule 5501:2-2-05 of the Administrative Code.

(B) A nonconforming advertising device, including its structure, may receive normal maintenance and repair. The following is considered normal maintenance and repair:

(1) The in kind replacement of a wood or metal component with a like component.

(2) The painting of supports and frames.

(3) The replacement of torn or destroyed sign face panels with in kind replacements.

(4) The changing of advertising copy.

(C) A nonconforming advertising device, including its structure, must remain substantially the same as it was on the effective date of state law. A nonconforming device may continue to exist with normal maintenance and repair as long as it is not discontinued or abandoned. The following are considered to be substantial changes in a nonconforming advertising device and are not permitted:

(1) Extension or enlargement of the advertising device or sign face.

(2) Replacement, rebuilding, or re-erection of the nonconforming advertising device. An exception may be made for in kind rebuilding or of nonconforming advertising devices which have been damaged by acts of God, vandalism, or other criminal or torturous acts, upon satisfactory evidence submitted to ODOT.

(3) A change in the structural support which would result in increased economic life such as replacement of wood posts with steel posts or the replacement of a wood frame with a steel frame.

(4) The addition of lights to help illuminate an advertising device structure or sign face which previously had no lighting for illumination.

(5) Changing the nonconforming advertising device or sign face to a variable or multiple message sign face.

(D) Abandoned, discontinued or damaged nonconforming advertising devices

(1) When a nonconforming advertising device is damaged by more than seventy per cent of its replacement value immediately prior to the damaging incident, the device will be considered destroyed. This does not apply to advertising devices damaged by vandalism, other criminal or torturous acts or weather-related causes, upon satisfactory evidence submitted to ODOT.

(2) An advertising device which has depreciation of more than seventy per cent of its replacement value due to lack of maintenance is considered to be abandoned or discontinued.

(3) An advertising device which ceases to display advertising copy longer than one year is considered to be abandoned or discontinued.

(4) A sign face whose message had been partially obliterated by the owner is considered to be abandoned or discontinued after expiration of one year.

(5) The re-erection of any non-conforming advertising device that is abandoned, discontinued, or appropriated requires the submission and approval of a new application for each sign face.

Last updated January 2, 2024 at 2:04 PM

History

Effective: April 30, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-2-07 Illegal advertising device and sign face removal procedures.

When the advertising device control section determines that an advertising device or other sign is in violation of any section of Chapter 5516. of the Revised Code or any rule contained in Chapter 5501:2-2 of the Administrative Code, or the advertising device is being maintained without a validly issued permit, it shall send a letter of warning to the advertising device or sign owner, if known, that such advertising device or sign is illegal. If the advertising device or sign owner is not known or can not be located, such letter shall be sent to the owner or lessee of the land and shall be posted on the sign or advertising device or its structure for thirty days. The letter shall indicate that the advertising device or sign is illegal pursuant to the specific statute or rule which it violates, and shall request that the advertising device or sign owner or land owner or lessee voluntarily remove the advertising device or sign or take specific remedial action as outlined in the letter within a specified period of time, if remedial action is appropriate. Only one equal extension of time to take remedial action will be granted. If voluntary removal or remedial action is not taken within the specified time or its extension, the matter will be submitted to the director for the issuance of a removal order pursuant to section 5516.04 of the Revised Code.

Last updated January 2, 2024 at 2:05 PM

History

Effective: April 30, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-2-08 Penalties.

(A) In addition to any removal procedures ordered by the director pursuant to section 5516.04 of the Revised Code and at the discretion of the director or a court of competent jurisdiction, a maximum fine in the amount of five thousand dollars may be assessed against an advertising device or sign owner or landowner for failure to remove an illegal advertising device or sign within the period of time indicated in the removal order issued pursuant to section 5516.04 of the Revised Code or ordered removed by a court pursuant to an action for abatement. Payment of the fine shall be remitted by certified check, made payable to "Treasurer, State of Ohio," and received by the ODOT advertising device control section.

(B) If the illegal advertising device or sign is not removed within the period of time specified in the removal order issued pursuant to section 5516.04 of the Revised Code or as ordered removed by a court pursuant to an action for abatement, the fine will accrue in one hundred dollar increments for each day exceeding the removal date until the maximum of five thousand dollars is reached.

(C) If the illegal advertising device or sign is removed by the sign owner or landowner within the requisite time period as stated in the removal order or as ordered removed by a court pursuant to an action for abatement, and the sign owner or landowner subsequently re-erects the device or sign without first applying for and receiving a permit, the maximum penalty will be assessed immediately and full payment demanded by the advertising device control section.

Last updated January 2, 2024 at 2:05 PM

History

Effective: April 30, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-2-09 Advertising devices located on scenic byways.

(A) Once an application for the designation of a scenic byway has been submitted and received by the Ohio department of transportation, all applications for the erection of an advertising device and sign face to be erected on a proposed scenic byway subsequently received by the advertising device control section will be held in abeyance, and no decision will be made thereon, until the director has determined pursuant to section 5516.05 of the Revised Code whether to so designate that road or highway as a scenic byway.

(B) Advertising devices visible from a scenic byway erected without a valid permit will be subject to removal pursuant to section 5516.04 of the Revised Code.

Last updated January 2, 2024 at 2:05 PM

History

Effective: April 30, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-2-10 Advertising devices located on premises of professional sports facility.

(A) "Professional sports facility" means all or any portion of a stadium, arena, or other capital facility in Ohio, the primary purpose of which is to provide a site or venue for the presentation to the public events of one or more major or minor league professional athletic or sports teams that are associated with the state or with an Ohio city or region, which facility is owned by, or is located on, real property owned by the state or a governmental entity, and including all parking facilities, walkways, and other auxiliary facilities, equipment, furnishings, and real property and personal property and interests and rights therein, that may be appropriate for or used for in connection with the facility or its operation.

(B) An advertising device located on the premises of a professional sports facility is not required to have a permit under section 5516.10 of the Revised Code or rule 5501:2-2-05 of the Administrative Code. However, if an advertising device located on the premises of a professional sports facility fails to conform to the following rules, it will be considered an advertising device subject to the statutes and rules governing advertising devices, including the need for a permit.

(C) If a professional sports facility is owned by, or located on, real property owned by the state or a governmental entity and such real property is subsequently purchased by a private corporation or partnership registered to do business in the state of Ohio, any advertising device attached to the professional sports facility, or subsequently placed thereon, may be considered an advertising device subject to this rule, provided that the private owners of the real property and/or the facility obtain any and all necessary approvals to erect and maintain such device from any and all necessary local zoning authorities or any other appropriate local governmental authorities and request the approval of the director of the department of transportation to maintain or erect an advertising device. Such request shall be submitted in writing to the director and shall include all necessary documentation establishing all necessary approvals and shall set forth, among other things, the name, address, and contact person, of the management company or owner who has the authority to contract for the display of advertising material on the advertising device. If the owners do not include, or have not secured, all necessary approvals from the proper governmental authorities, the director may reject the request and such advertising device shall be considered an advertising device subject to all applicable statutes and rules governing such advertising devices, including the need for a permit. The decision of the director shall be final. If a professional sports facility is currently owned by or is located on property held by a private corporation or partnership, who directly purchased such property and/or facility from the state or another governmental entity, such owners shall have one hundred twenty days from the effective date of this rule to submit a request to the director of the department of transportation.

(D) An advertising device located on the premises of a professional sports facility will be considered to be in accordance with division (B) of section 5516.02 or division (C) of section 5516.06 of the Revised Code if it meets the following requirements:

(1) Number and size: only one advertising device with one sign face shall be allowed on the premises of a professional sports facility. The maximum area for such sign face shall be twelve hundred square feet, excluding decorative bases and supports. Any additional advertising device located on the premises will be considered an advertising device subject to all statutes and rules governing such advertising devices.

(2) Location: the advertising device must be located on, or within fifty feet of, the structure of the professional sports facility and shall be affixed, attached, or otherwise made an integral part of the professional sports facility.

For purposes of this rule, "structure" shall not include any parking, storage, or other secondary buildings or facilities attached to, or located on the same premises as, the primary facility used by the professional sports team for league play. No advertising device may be located at any other remote location which cannot be put to any reasonable use directly related to the professional sport for which the professional sports facility was originally constructed.

(3) Lighting: an advertising device and sign face located on the premises of a professional sports facility must meet the lighting requirements as set forth in paragraph (A)(4) of rule 5501:2-2-02 of the Administrative Code.

(4) Variable or multiple message: an advertising device located on the premises of a professional sports facility may be a multiple or variable message sign face. If so, it must meet the requirements for such devices as set forth in paragraph (B) of rule 5501:2-2-02 of the Administrative Code.

(E) Prior to the erection of an advertising device located on the premises of a professional sports facility, each owner or operator of a professional sports facility shall register with the advertising device control section and complete a registration form setting forth, among other things, the name, address, and contact person of the management company or owner who has the authority to contract for the display of advertising material on the advertising device. Any advertising device erected without completing the required registration will be considered an advertising device subject to all other statutes and rules governing such advertising devices. Annual updates of information may be required by the advertising device control section.

Last updated January 2, 2024 at 2:05 PM

History

Effective: April 30, 2023
Promulgated Under: 119.03

Chapter 5501:2-3 Bidding and Contracting

Ohio Adm.Code 5501:2-3-01 Net assets.

(A) The determination of net assets is necessary in order to calculate the contractor's total dollar bidding capacity. The term "net assets" is qualifying assets minus certain liabilities. Assets shall mean current assets and other assets as further set out and defined by rules 5501:2-3-01 to 5501:2-3-10 of the Administrative Code. "Liabilities" shall mean current liabilities and other liabilities as further set out and defined by rules 5501:2-3-01 to 5501:2-3-10 of the Administrative Code.

(B) Current assets are those assets which mature within one year of the date of the financial statement and which are defined in accordance with generally accepted accounting principles unless otherwise indicated and shall include the following:

(1) Cash on hand, excluding cash that is legally restricted as to its withdrawal or use.

(2) Cash equivalents, defined as highly liquid asset instruments with original maturities of three months or less, excluding cash equivalents that are legally restricted as to their withdrawal or use.

(3) Investments which have readily determinable fair values and all investments in debt securities.

(4) Unlisted investments which do not have readily determinable fair values shall be accepted at such valuation as determined under generally accepted accounting principles.

(5) Trade accounts receivable, unbilled accounts receivable, retainages, certified bid checks and deposits for bids must be recorded at their fair value. All receivables must be reduced to their net realizable value through an allowance for uncollectible accounts or otherwise. The applicant shall exclude all receivables from owners when computing net assets. Owners shall include sole proprietors, partners, shareholders, members or other forms of direct ownership, including immediate family members to be defined as family members whom an owner might control or influence or by whom they might be controlled or influenced because of the family relationship.

(6) Costs and estimated earnings in excess of billings on uncompleted contracts.

(7) Notes receivable, maturing within one year, must be reduced to their net realizable value through an allowance for uncollectible accounts or otherwise, and net of any related discount of premium. The applicant shall exclude all note receivables from owners when computing net assets. Owners shall include sole proprietors, partners, shareholders, members or other forms of direct ownership, including immediate family members to be defined as family members whom an owner might control or influence or by whom they might be controlled or influenced because of the family relationship.

(8) Prepaid expenses, such as interest, rent, insurance, taxes.

(9) Inventories, at the lower of cost or market.

(10) Other assets which mature within one year excluding intangible assets.

(C) Other assets shall be defined in accordance with generally accepted accounting principles unless otherwise indicated and shall include the following:

(1) Cash surrender value of life insurance policies, net of any policy loans.

(2) Notes receivable noncurrent, must be reduced to their net realizable value through an allowance for uncollectible accounts or otherwise, and net of any related discount or premium. The applicant shall exclude all note receivables from owners when computing net assets. Owners shall include sole proprietors, partners, shareholders, members or other forms of direct ownership, including immediate family members to be defined as family members whom an owner might control or influence or by whom they might be controlled or influenced because of the family relationship.

(3) Equipment of the type customarily used in highway construction, furniture, fixtures, machinery and equipment collectively referred to as personal property, owned by the applicant, which may be accepted at not more than eighty per cent of cost.

(4) Real estate may be accepted at not more than its valuation for tax purposes as assessed by the county auditor under the supervision of the tax commissioner.

(D) Current liabilities shall include all obligations and accrued indebtedness payable within one year following the date of the financial statement. Examples of such obligations and accrued indebtedness are as follows:

(1) Trade accounts payable.

(2) Federal, state and local income taxes payable.

(3) Retainages payable.

(4) Billings in excess of costs and estimated earnings on uncompleted contracts.

(5) Accrued payroll related items including but not limited to compensation, taxes on compensation, tax withholdings and workers' compensation.

(6) Current portion of term debt, lines-of-credit and revolving credit agreements.

(7) Amounts payable to related parties.

(8) Dividends and distributions payable.

(9) Accrued warranty and guarantee liabilities.

(10) Accrued deferred compensation agreements.

(11) Accrued compensated absences.

(12) Current portion of accrued pension costs.

(13) Current portion of accrued postretirement costs.

(14) Current portion of unconditional promises to give.

(15) Other current liabilities payable within one year following the date of the financial statement.

(E) Other liabilities shall include:

(1) All indebtedness secured by mortgage or other lien on personal property.

(2) All indebtedness secured by mortgage or other lien on real estate.

(3) Bank letters or letters of credit and related amounts outstanding under these arrangements payable within one year following the date of the financial statement.

Last updated May 21, 2026 at 7:47 AM

History

Effective: May 21, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-3-10

In accordance with section 5525.03 of the Revised Code, the director may refuse to issue a certificate of qualification, may revoke a certificate of qualification, or debar a certificate holder when the applicant or certificate holder has been found to be responsible for any one of the following:

(A) The company has been defaulted by the director on a department project;

(B) The company or its principals, including its key personnel, have been debarred or suspended by the United States government or other states or other Ohio state agencies from bidding on or working on their projects;

(C) The company or its principals, including its key personnel, have been convicted of crimes involving fraud that includes but is not limited to bribery, falsification of documents, theft and any offense that directly reflects on the integrity of the business;

(D) The company files for protection from its creditors in the United States bankruptcy court;

(E) The company or its principals, including its key personnel, deliberately submitted false or misleading information in connection with the application for a certificate of qualification or in connection with a bid for a contract or in connection with the performance of a contract;

(F) The company or its principals, including its key personnel, have been found to have colluded with other bidders for purposes of obtaining or dividing contracts;

(G) The company or its principals, including its key personnel, have been found to have violated its disadvantaged or minority prime contract or subcontract requirements;

(H) The company or its principals, including its key personnel, have failed to pay prevailing wages, fringes and benefits to its employees;

(I) The company has received a multiplier computed in accordance with rule 5501:2-3-03 of the Administrative Code of less than 5.0 for two consecutive years when contractor evaluations have been performed.

At the time of denial of a certification or revocation of a certification, the director shall provide written notice to the applicant or certificate holder of the grounds for denial or revocation of a certification. Said grounds shall be consistent with paragraphs (A) to (H) of this rule.

The applicant or certificate holder may appeal the determination of the denial to the prequalification review board by following the appeal process under rule 5501:2-3-09 of the Administrative Code. The director may refuse to allow an applicant or certificate holder the opportunity to bid on a construction project during the pendency of the appeal.

Prior to a debarment action, the director shall provide written notice to the applicant or certificate holder of the grounds for debarment and afford the applicant or certificate holder an opportunity for a hearing before a hearing officer selected by the director.

If the applicant or certificate holder desires a hearing then the applicant or certificate holder must request the hearing in writing within thirty days of the mailing of the notice for debarment.

The request for the hearing must be sent to the director with a copy to the administrator of the office of contracts. The director shall schedule the hearing within fifteen days of receiving the request for a hearing. The hearing date may be continued by the director at his request or the request of the applicant or certificate holder.

In the event an appeal is requested, the hearing officer will provide a reasonable opportunity for the appellant to present its evidence as to why its certificate should be issued or reinstated and the company or its individuals not be debarred. The hearing shall be an opportunity for the hearing officer to determine de novo whether the appellant should hold a certificate of qualification. The hearing officer may receive from the appellant and from the department documents and other evidence he rules to be relevant to the proceedings. A stenographic transcript of the oral testimony shall be made.

The appellant and the department may be represented by counsel, however, such representation is not required. Any subpoenas for the hearing shall be requested from the hearing officer for issuance by the department.

The hearing officer shall, within seven days of the completion of the hearing, submit a written report to the director setting forth his findings of fact and conclusions of law. The report shall include a recommendation of action to be taken by the director. A copy of this written report shall, at the time it is submitted to the director, be forwarded by certified mail to the appellant, or its representative of record, and to the department. Both the appellant and the department may file with the director written objections to the hearing officer's report within ten days of receipt of the report. A copy of these objections shall be sent to the opposing party by certified mail, return receipt requested, at the same time they are sent to the director. The opposing party may submit to the director a written response to the objections within seven days of receipt of the objections. The director may refer the matter back to the hearing officer for consideration of the objections and responses. The hearing officer shall consider these objections and submit a supplementary report and recommendation to the director within five days after such a referral. The director shall not take any action approving, modifying, or rejecting the recommendation of the hearing officer or otherwise determine the eligibility of the appellant until after the applicable time periods provided in this paragraph unless it is modified by agreement of the applicant and the department.

The director will render a decision within fourteen days after the expiration of the time for submission from the appellant, the department and the hearing officer. The decision shall be sent by certified mail to the appellant or its representative of record.

The appellant of a debarment may appeal an adverse determination by the director as provided for in section 5525.03 of the Revised Code.

The record will be preserved and maintained in the custody of the director following the decision of the director. Copies of the record will be made available at cost.

Last updated March 10, 2026 at 8:07 AM

History

Effective: February 15, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-3-02 Application for qualification.

(A) The application for qualification shall be made on a form entitled "qualification application" hereinafter referred to as the application. The applicant shall file all supporting data required by the application.

(B) All contractors who request to become qualified with the department to perform contract work, both prime and subcontract, in the amount not to exceed an aggregate of ten million dollars yearly shall have a review performed on the contractor's financial statements and complete the application as required. Such review shall be performed by an independent certified public accountant. The ten million dollars or less amount includes all uncompleted work for both department and non-department work inclusive of the bid amount. The following is required in order to have the application processed:

(1) The financial statement included in the application shall be furnished by the applicant and reviewed by an independent certified public accountant. The term "independent" as applied to a certified public accountant shall have the meaning generally understood and accepted in standard accounting practice. The independent certified public accountant must perform the review of the financial statements in accordance with statements on standards for accounting and review services issued by the american institute of certified public accountants and issue a review report thereon.

(2) The issuance of the review report shall constitute certification that a review in accordance with such standards has been performed and reported.

(C) All contractors who request to become qualified with the department to perform contract work, both prime and subcontract, in an amount that is greater than an aggregate of ten million dollars yearly shall have an audit performed on the contractor's financial statements and complete the application as required. Such audit shall be performed by an independent certified public accountant. The ten million dollars or more amount includes all uncompleted work for both department and non-department work inclusive of the bid amount. The following is required in order to have the application processed:

(1) The financial statement included in the application shall be furnished by the applicant and audited by an independent certified public accountant. The term "independent" as applied to a certified public accountant shall have the meaning generally understood and accepted in standard accounting practice. The independent certified public accountant must perform the audit of the financial statements in accordance with the standards as prescribed by generally accepted auditing standards and issue an audit opinion thereon.

(2) The issuance of the audit opinion shall constitute certification that an audit in accordance with such standards has been performed and reported.

Last updated May 21, 2026 at 7:47 AM

History

Effective: May 21, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-3-03 Responsibility and competency.

The director shall determine an applicant's responsibility and competency by first computing the applicant's net assets in accordance with rule 5501:2-3-01 of the Administrative Code. Next, the director shall grant the applicant types of work for which the applicant is responsible and competent in accordance with rule 5501:2-3-04 of the Administrative Code. Finally, the net assets will be multiplied by a factor between one and ten with ten being the maximum rating, with the resultant total representing the dollar bidding capacity or bidder's qualification amount. The multiplying factor the applicant receives will be determined by averaging the total scores received in the previous calendar year from its evaluations. If the applicant has not completed work for the department, the applicant will receive the maximum rating of eight. If the applicant has performed work for the department, but not in the previous calendar year, the applicant will receive its most recent rating. Each contractor will receive an evaluation for each project for which it has performed work. In the event it is a multiple year project, an evaluation will be completed yearly.

Last updated March 10, 2026 at 8:04 AM

History

Effective: February 15, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-3-04

The director shall publish a list of work types for which bidders who desire to become qualified contractors pursuant to sections 5525.02 to 5525.09 of the Revised Code may make application. In order to receive a particular work type designation, applicants must complete the application for qualification in accordance with rule 5501:2-3-02 of the Administrative Code and submit adequate information in support of their request for particular work types. The information must contain verifiable resumes of currently employed persons who have the requisite experience as set out in the minimum skills of the application for qualification.

The director may amend at anytime the list of work types in order to remain current with technological advances, innovations in construction techniques and for other sound administrative reasons.

Last updated March 10, 2026 at 8:04 AM

History

Effective: January 1, 1998
Promulgated Under: Ch 119.

Ohio Adm.Code 5501:2-3-05 Certificate of qualification.

A certificate of qualification shall be valid for one year or less, unless revoked by the director in accordance with sections 5525.03 and 5525.07 of the Revised Code and the rules promulgated pursuant thereto, provided that the applicant's financial statement is not more than one year and five months beyond the last day of an applicant's fiscal year.

The certificate shall set out the bidder's dollar bidding capacity and the work types for which the bidder is qualified on the basis of its submitted financial documents, previous performance for the department and general work experience. The bidder may only bid on contracts for which it has dollar bidding capacity for one hundred per cent of its bid at the time of submittal. The dollar amount of all pending work shall be subtracted from the bidder's dollar bidding capacity at the time of bidding by the department to determine whether the bidder has dollar bidding capacity at least equal to one hundred per cent of its bid.

A bidder must possess work types, and perform work, equal to at least fifty per cent of the total amount of the submitted bid price. The director may, by insertion of a contract provision, reduce the fifty per cent amount.

Bidders without any prior work experience with the department shall be granted a multiplying factor of eight in order to establish a dollar bidding capacity on their certificates. In the event a bidder bids with the department as a prime contractor or is selected to perform work as a subcontractor, all pending work of the bidder will be assessed against the dollar amount set out in its certificate.

Last updated March 10, 2026 at 8:04 AM

History

Effective: February 15, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-3-06 Joint venture bids.

(A) When two or more persons, partnerships, limited liability companies or corporations bid jointly on a project, such bid is a "joint venture bid."

(B) Joint venture bidders must complete a joint venture application for qualification not less than five days before bids are opened if all joint venture partners hold certificates as individuals or not less than thirty days before bids are opened if a joint venture partner does not hold a certificate. Joint venture bidders may make application to receive a joint venture certificate of qualification and may use the joint venture certificate of qualification for a period of time not to exceed the expiration date of any joint venture partner. All joint venture applications must be in writing on such forms as may be prescribed by the director, must be signed by all joint venture partners, and must include the following information:

(1) The name of an individual who shall have power of attorney to act for and bind all of the joint venture partners, which power of attorney shall be filed with the signed contract; and

(2) The mailing address and street address of the joint venture.

(C) In any joint venture the contract, contract bond and all insurance shall be in the name of the joint venture and shall be binding on and apply to all members of the joint venture jointly and severally.

(D) The joint venture entity shall obtain a new tax identification number in accordance with the regulations of the United States internal revenue service.

(E) Each joint venture partner will receive a contractor evaluation for each project that it performs. The evaluation score will be added to each joint venture partner's yearly scores in order to determine each partner's multiplying factor.

Last updated March 10, 2026 at 8:05 AM

History

Effective: July 1, 2002
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-3-07 Contracting procedure--foreign contractors.

(A) Foreign corporations--section 5525.18 of the Revised Code provides that the director of transportation shall not enter into a contract with a foreign corporation until the Ohio secretary of state has certified that such corporation is authorized to do business in Ohio. Therefore, a copy of such certificate must accompany the application of qualification. A certificate of qualification shall not be issued until the certification from the secretary of state is furnished.

(B) Non-resident partnership or proprietorship--section 5525.18 of the Revised Code provides that the director of transportation shall not enter into a contract with a person or partnership non-resident of the state until such person or partnership has filed with the secretary of state a power of attorney designating the secretary of state as his/their agent for the purpose of accepting service of summons in any action brought in this state against such person or partnership. A copy of such power of attorney must be submitted with the application for qualification and a certificate of qualification shall not be issued until it is furnished.

Last updated March 10, 2026 at 8:05 AM

History

Effective: January 1, 1998
Promulgated Under: Ch 119.

Ohio Adm.Code 5501:2-3-08 Subcontracting procedure.

(A) All subcontractors shall obtain a certificate of qualification as required by section 5525.06 of the Revised Code, except for the following:

(1) Subcontractors who will perform less than one million dollars of subcontractor work on construction projects let by the department in a calendar year and who obtain approval from the director to perform the subcontractor work; or

(2) Subcontractors working on a project that does not contain any work types.

(B) Prime contractors may employ, with the director's permission, subcontractors who do not have a certificate of qualification to perform work on a per project basis collectively totaling no greater than twenty percent of the amount bid but not to exceed five million dollars per project. The individual subcontractor yearly limitation set out in paragraph (A)(1) of this rule shall not be exceeded.

(C) Subcontractors who hold a certificate of qualification must have sufficient work types necessary in order to be granted permission to perform the requested subcontract work.

(D) No portion of any contract shall be sublet, assigned or otherwise disposed of by any certificate holder or by any subcontractor including the work proposed to be sublet to a subcontractor who does not hold a certificate of qualification, without the prior written permission of the director, but such permission shall not relieve the contractor of the responsibility for the management and performance of its contract with the department.

(E) Each request by a certificate holder to sublet work must be in writing, including the work proposed to be sublet to a subcontractor who does not hold a certificate of qualification, and when requested be accompanied by a sworn statement of the proposed subcontractor setting forth all of its uncompleted contracts with all owners and uncompleted subcontracts with all contractors.

(F) In the event that the subcontractor provides performance and payment bonds for the amount of the sublet work for which the director has granted permission, the director then shall increase the dollar bidding capacity of the prime contractor by the amount of the performance bond.

(G) The calculation used to determine compliance with paragraph (A)(1) of this rule shall exclude up to one million dollars of subcontractor work performed in a calendar year by any subcontractor on the Brent Spence bridge corridor construction project.

(H) Notwithstanding paragraph (B) of this rule, for the Brent Spence bridge corridor construction project, the design-build team may employ, with the director's permission, subcontractors who do not have a certificate of qualification to perform work totaling no greater than ten percent of the total value of the guaranteed maximum price of the project.

Last updated March 10, 2026 at 8:05 AM

History

Effective: May 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-3-09 Prequalification review board.

(A) In accordance with section 5525.07 of the Revised Code, the director shall create a prequalification review board, hereinafter referred to as the board. The board shall be comprised of three senior department employees who are familiar with the department's application for qualification process and the contractor evaluation process but who do not exercise daily control over either process.

(B) The board shall hear appeals from applicants and contractors for denials of requested work types, disagreements over dollar bidding capacity amounts and disputed performance evaluations. This board has no authority to hear appeals for revocation of an application for qualification and the debarment of a contractor or an individual.

(C) Within ten days upon receipt of the director's decision regarding the applicant's application for qualification or the receipt of a performance evaluation, other than an action involving revocation and debarment, the applicant or contractor may request in writing a reconsideration of the application or the performance evaluation by the director's prequalification review board. The applicant or contractor shall submit additional evidence bearing on the applicant's qualifications or performance of the work and request either a hearing or a review of the submitted documents.

(D) When an appeal has been filed and a review has been requested, the board shall review the submitted documents in a timely manner and issue its decision within fifteen days of its deliberations. In the event a hearing is requested the board shall schedule an informal hearing in a timely manner at which time the applicant or contractor shall have an opportunity to present its case. The department may have representatives at the hearing offering evidence in rebuttal. The board shall consider the evidence and issue its decision within fifteen days of the hearing.

(E) The appellant may appeal the decision of the board to the court of common pleas in franklin county within ten days upon receipt of the board's decision.

Last updated March 10, 2026 at 8:07 AM

History

Effective: January 1, 1998
Promulgated Under: Ch 119.

Chapter 5501:2-4 Rest Areas and Roadside Parks

Ohio Adm.Code 5501:2-4-01 Control and use of rest areas and roadside parks.

(A)

(1) The state highway patrol shall have full authority to enforce this rule and all state laws within the rest areas as well as on the highway.

(2) All transportation department facilities employees shall be familiar with this rule, advise violators of the same, and, if necessary, immediately contact the nearest state highway patrolman and request assistance.

(B) The following are prohibited at all rest areas and roadside parks under the jurisdiction of the department :

(1) The use or drinking of alcoholic beverages of any kind or the possession of open containers of such beverages.

(2) The parking of vehicles on grass.

(3) The moving, removing, destruction, defacing or alteration of any state property.

(4) The presence outside the confinement of personal vehicles of any unleashed household pet.

(5) The littering and disposal of any waste other than travel trash.

(6) The disposal of any travel trash in any area except inside the containers provided for this purpose.

(7) Any fires or grilling outside the designated areas and outside the containers provided for such activity.

(8) The failure to extinguish any fire or flame after use.

(9) Any display, use, or discharge of firearms, pellet guns, B-B guns, other weapons, dangerous ordinances, or explosives as defined in section 2923.11 of the Revised Code or fireworks as defined in section 3743.01 of the Revised Code.

(10) Loitering within or around toilet facilities or other buildings.

(11) The parking of commercial vehicles for interchanging, unloading, or similar activities.

(12) Leaving any vehicle unattended for three hours without the permission of the state highway patrol or the department. Any such vehicle will be towed away at the expense of the owner.

(13) Camping.

(14) All acts of indecent exposure and lewd motions or actions.

(15) The solicitation of voluntary donations including donations to help defray the cost of a free coffee program as permitted by section 5515.07 of the Revised Code.

(16) All advertising of any nature except those contracted under the authority of the Department of Development for Ohio Tourism.

(C) The only commercial sales allowed at these rest areas and roadside parks shall be from vending machines authorized by the department. Priority shall be given to blind vendors pursuant to the Randolph-Sheppard Act, 20 U.S. Code section 107.

(D) The state of Ohio, department of transportation and its employees, and the state highway patrol and its officers are not liable for damages or proceedings of any kind caused directly or indirectly as a result of the enforcement of any law of this state or this rule.

Last updated September 23, 2026 at 8:55 AM

History

Effective: May 15, 2023
Promulgated Under: 119.03

Chapter 5501:2-5 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

Ohio Adm.Code 5501:2-5-01 General provisions.

(A) General: The purpose of rules 5501:2-5-01 to 5501:2-5-06 of the Administrative Code is to amplify sections 163.51 to 163.63 of the Revised Code and to implement the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended at the time of the effective date of this rule (42 U.S.C. 4601 et seq.), in accordance with the following objectives:

(1) To ensure that owners of real property to be acquired for projects are treated fairly and consistently, to encourage and expedite acquisition by agreements with such owners, to minimize litigation and relieve congestion in the courts, and to promote public confidence in land acquisition programs;

(2) To ensure that persons displaced as a direct result of federally assisted projects and state highway projects are treated fairly, consistently, and equitably and receive relocation assistance benefits so that such persons will not suffer disproportionate injuries as a result of projects designed for the benefit of the public as a whole; and

(3) To ensure that agencies implement rules 5501:2-5-01 to 5501:2-5-06 of the Administrative Code in a manner that is efficient and cost effective.

(B) Definitions

(1) "Agency" means any entity utilizing federal funds or federal financial assistance for a project or program that acquires real property or displaces a person.

(a) "Displacing agency" means any state agency, person, private agency or public agency or person carrying out a program or project with federal financial assistance, which causes a person to be a displaced person.

(b) "Federal agency" means any department, agency or instrumentality in the executive branch of the United States government, any wholly owned United States government corporation, the architect of the capitol, the federal reserve banks, and branches thereof, and any person who has the authority to acquire property by eminent domain under federal law.

(c) "State agency" means any department, agency or instrumentality of the state or of a political subdivision of the state, any department, agency, or instrumentality of two or more states or of two or more political subdivisions of a state or states, and any person who has the authority to acquire property by eminent domain under state law.

(d) "Public agency" means any governmental corporation, unit, organization, or officer authorized by law to appropriate property in the courts of this state. "Private agency" means any other corporation, firm, partnership, voluntary association, joint-stock association, or company authorized by law to appropriate property in the courts of this state. "Agency" includes any public agency or private agency.

(2) "Alien not lawfully present in the United States" means

an alien who is not "lawfully present" in the United States as defined in 8 CFR 103.12 (2011) and includes:

(a) An alien present in the United States who has not been admitted or paroled into the United States pursuant to the Immigration and Nationality Act 8 U.S.C. 1101 et seq. (2013) and whose stay in the United States has not been authorized by the Secretary of Homeland Security; and,

(b) An alien who is present in the United States after the expiration of the period of stay authorized by the United States Attorney General or who otherwise violates the terms and conditions of admission, parole or authorization to stay in the United States.

(c) When an agency has reason to believe a person's certification is invalid, an agency must obtain verification of the person's status by using the Systematic Alien Verification for Entitlements (SAVE) program administered by USCIS to verify immigration status rather than the previous requirement to contact the local Bureau of Citizenship and Immigration Services.

(3) "Appraisal" means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information.

(4) "Business" means any lawful activity, except a farm operation, that is conducted:

(a) Primarily for the purchase, sale, lease and/or rental of personal and/or real property, and/or for the manufacture, processing, and/or marketing of products, commodities, and/or any other personal property; or

(b) Primarily for the sale of services to the public; or

(5) "Citizen" means

both citizens of the United States and noncitizen nationals.

(6) "Comparable replacement dwelling" means a dwelling which is:

(a) Decent, safe and sanitary;

(b) Functionally equivalent to the acquired displacement dwelling. The term "functionally equivalent" means that it performs the same function and provides the same utility. While a comparable replacement dwelling need not possess every feature of the displacement dwelling, the principal features must be present. Generally, functional equivalency is an objective standard, reflecting the range of purposes for which the various physical features of a dwelling may be used. However, in determining whether a replacement dwelling is functionally equivalent to the displacement dwelling, the agency may consider reasonable trade-offs for specific features when the replacement unit is equal to or better than the displacement dwelling.

(d) In an area not subject to unreasonable adverse environmental conditions;

(e) In a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities and commercial and public facilities, and reasonably accessible to the person's place of employment;

(f) On a site that is typical in size for residential development with normal site improvements including customary landscaping. The site need not include special improvements such as outbuildings, swimming pools, or greenhouses;

(g) Currently available to the displaced person on the private market. However, a comparable replacement dwelling for a person receiving government housing assistance before displacement may reflect similar government housing assistance. In such cases any requirements of the government housing assistance program relating to the size of the replacement dwelling shall apply; and

(h) Within the financial means of the displaced person.

(i) A replacement dwelling, purchased by a homeowner in occupancy at the displacement dwelling for at least ninety days prior to initiation of negotiations, is considered to be within the homeowner's financial means if the homeowner will receive the full price differential as described in paragraph (A)(2) of rule 5501:2-5-04 of the Administrative Code, all increased interest costs as described in paragraph (A)(4) of rule 5501:2-5-04 of the Administrative Code, and all incidental expenses as described in paragraph (A)(5) of rule 5501:2-5-04 of the Administrative Code, plus any additional amount required to be paid under paragraph (D) of rule 5501:2-5-04 of the Administrative Code.

(ii) A replacement dwelling rented by a displacee is considered to be within his/her financial means if, after receiving the rental assistance payment as described in paragraph (B)(2)(a) of rule 5501:2-5-04 of the Administrative Code, the displacee's monthly rent and estimated average monthly utility costs for the replacement dwelling do not exceed the person's base monthly rental cost for the displacement dwelling as described in paragraph (B)(2)(b) of rule 5501:2-5-04 of the Administrative Code.

(iii) For a displaced person who is not eligible to receive a replacement housing payment because of the person's failure to meet length-of-occupancy requirements, comparable replacement rental housing is considered to be within the person's financial means if an agency pays that portion of the monthly housing costs of a replacement dwelling which exceeds the person's base monthly rent for the displacement dwelling. Such rental assistance must be paid as described in paragraph (D) of rule 5501:2-5-04 of the Administrative Code.

(i) For a person receiving government housing assistance before displacement, a dwelling that may reflect similar housing assistance. In such cases any requirements of the government housing assistance program relating to the size of the replacement dwelling shall apply.

(7) "Contribute materially" means that during the two taxable years prior to the taxable year in which displacement occurs, or during such other period as the agency determines to be more equitable, a business or farm operation:

(a) Had average annual gross receipts of at least five thousand dollars; or

(b) Had average annual net earnings of at least one thousand dollars; or

(d) If the application of the above criteria creates an inequity or hardship in any given case, the agency may approve the use of other criteria as determined appropriate.

(8) "Decent, safe, and sanitary dwelling" means a dwelling which meets applicable housing and occupancy codes. However, any of the following standards that are not met by an applicable code shall apply unless waived by the federal agency funding the project. The dwelling shall:

(a) Be structurally sound, weather-tight, and in good repair. Many local housing and occupancy codes require the abatement of deteriorating paint, including lead-based paint and lead-based paint dust, in protecting the public health and safety. Where such standards exist, they must be honored.

(b) Contain a safe electrical wiring system adequate for lighting and other devices.

(c) Contain a heating system capable of sustaining a healthful temperature (of approximately seventy degrees) for a displaced person.

(d) Be adequate in size with respect to the number of rooms and area of living space needed to accommodate the displaced person. There shall be a separate, well-lighted and ventilated bathroom that provides privacy to the user, and contains a sink, bathtub or shower stall and toilet, all in good working order, and properly connected to appropriate sources of water and to a sewage drainage system. In the case of a housekeeping dwelling, there shall be a kitchen area that contains a fully usable sink, properly connected to potable hot and cold water and to a sewage drainage system, and adequate space and utility service connections for a stove and refrigerator.

(e) Contains unobstructed egress to safe, open space at ground level. If the replacement dwelling unit is on the second story or above, with access directly from or through a common corridor, the common corridor must have at least two means of egress.

(f) For a displaced person who is handicapped, be free of any barriers which would preclude reasonable ingress, egress, or use of the dwelling by such displaced person.

(9) "Displaced person" means, except as provided in subsection (d), any person who moves from the real property or moves his or her personal property from the real property as a direct result of:

(a) A written notice of intent to acquire, the initiation of negotiations for, or the acquisition of such real property, in whole or in part, for a project; or

(b) Rehabilitation or demolition for a project; or

(c) A written notice of intent to acquire, or the acquisition, rehabilitation or demolition of, in whole or in part, other real property on which the person conducts a business or farm operation for a project. However, eligibility for such person under this paragraph applies only for purposes of obtaining relocation advisory services under paragraph (E)(3) of rule 5501:2-5-02 of the Administrative Code and moving expenses under paragraphs (A)(1) and (A)(2) and paragraph (B) of rule 5502:2-5-03 of the Administrative Code; or

(d) A requirement to move temporarily. The determination that a person is not required to relocate permanently as a direct result of a project shall be made by the agency in accordance with any requirement, policy, or guidance established by the federal agency funding the project. At a minimum, for persons required to move on a temporary basis agencies must ensure that required services and assistance are provided.

(10) "Person not displaced" means a person who does not qualify as a displaced person under rules 5501:2-5-01 to 5501:2-5-05 of the Administrative Code. The following is a non-exclusive listing of persons who do not qualify as displaced persons:

(a) A person who moves before the initiation of negotiations, unless the agency determines that the person was displaced as a direct result of the program or project; or

(b) A person who initially enters into occupancy of the property after the date of its acquisition for the project; or

(d) A person who is not required to relocate permanently as a direct result of a project. Such determination shall be made by the agency in accordance with any guidelines established by the federal agency funding the project; or

(e) An owner-occupant who moves as a result of a voluntary transaction. (See paragraph (B)(34) of this rule for definition of a voluntary transaction)

(f) Acquisitions for programs or projects undertaken by an agency or person that receives federal financial assistance but does not have authority to acquire property by eminent domain, provided that such agency or person shall:

(i) Prior to making an offer for the property, clearly advise the owner that it is unable to acquire the property in the event negotiations fail to result in an amicable agreement; and

(ii) Inform the owner of what it believes to be fair market value of the property.

(g) A person whom the agency determines is not displaced as a direct result of a partial acquisition; or

(h) A person who, after receiving a notice of relocation eligibility, is notified in writing that he or she will not be displaced for a project. Such notice shall not be issued unless the person has not moved and the agency agrees to reimburse the person for any expenses incurred to satisfy any binding contractual relocation obligations entered into after the effective date of the notice of relocation eligibility; or

(i) An owner-occupant who voluntarily conveys his or her property, after being informed in writing that if a mutually satisfactory agreement on terms of the conveyance cannot be reached, the agency will not acquire the property. In such cases, however, any resulting displacement of a tenant is subject to rules 5501:2-5-01 to 5501:2-5-05 of the Administrative Code; or

(j) A person who retains the right of use and occupancy of the real property for life following its acquisition by the agency; or

(k) A person who is determined to be in unlawful occupancy prior to or after the initiation of negotiations, or a person who has been evicted for cause under applicable law as provided in paragraph (F) of rule 5501:2-5-02 of the Administrative Code. However, advisory assistance may be provided to unlawful occupants at the option of the agency in order to facilitate the project;

(l) A person who is not lawfully present in the United States and who has been determined to be ineligible for relocation assistance in accordance with paragraph (H) of rule 5501:2-5-02 of the Administrative Code; or

(m) Tenants required to move as a result of the sale of their dwelling to a displaced person using federal down payment assistance funds as they are defined in 49 CFR Section 24.2(a); or

(n) Occupants of a temporary, daily or emergency shelter. Temporary, daily, or emergency shelter occupants are in most cases typically not considered displaced persons. However, agencies may determine that a person occupying a shelter is a displaced person due to factors which could include reasonable expectation of a prolonged stay, or other extenuating circumstances. At a minimum, Agencies shall provide advisory assistance to all occupants at initiation of negotiations.

(11) "Dwelling" means the place of permanent or customary and usual residence of a person, according to local custom or law, including a single-family house; a single-family unit in a two family, multi-family, or multi-purpose property; a unit of a condominium or cooperative housing project; a non-housekeeping unit; a mobile home; or any other residential unit.

(12) "Dwelling site" means a land area that is typical in size for similar dwellings located in the same neighborhood or rural area.

(13) "Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

(14) "Federal financial assistance" means a grant, loan, or contribution provided by the United States, except any federal guarantee or insurance and any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual.

(15) "Financial information" means information concerning the assets and liabilities, of the displaced person. Financial information includes, but is not limited to, bank statements, mortgage statements, federal or state tax documents, check stubs and payroll records.

(16) "Household income" means total gross income received for a twelve month period from all sources (earned and unearned) including, but not limited to wages, salary, child support, alimony, unemployment benefits, workers compensation, social security, or the net income from a business. It does not include income received or earned by dependent children and full time students less than eighteen years of age.

(17) "Initiation of negotiations" means

(a) The delivery of the initial written offer of just compensation, by the agency, to the owner or owner's representative, to purchase the real property for the project whenever displacement results from the acquisition of the real property by a state agency. However, if the agency issues a notice of its intent to acquire the real property, and a person moves after that notice, but before delivery of the initial written purchase offer, the "initiation of negotiations" means the actual move of the person from the property.

(b) Whenever the displacement is caused by rehabilitation, demolition or privately undertaken acquisition of the real property (and there is no related acquisition by a federal agency or a state agency), the "initiation of negotiations" means the notice to the person that he or she will be displaced by the project or, if there is no notice, the actual move of the person from the property.

(c) In the case of a permanent relocation to protect the public health and welfare, under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (Pub.L. 96-510, or "Superfund") (CERCLA) the "initiation of negotiations" means the formal announcement of such relocation or the federal or federally coordinated health advisory where the federal government later decides to conduct a permanent relocation.

(d) In the case of permanent relocation of a tenant as a result of an acquisition of real property described in paragraph (B)(34) of this rule, the initiation of negotiations means the actions described in paragraphs (B)(17)(a) and (B)(17)(b) of this rule, except that such initiation of negotiations does not become effective, for purposes of establishing eligibility for relocation assistance for such tenants under this part, until there is a written agreement between the agency and the owner to purchase the real property.

(18) "Lead agency" means the Ohio department of transportation unless otherwise designated by the governor.

(19) "Mobile home" includes manufactured homes and recreational vehicles used as residences.

(20) "Mortgage" means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of a state in which the real property is located, together with the credit instruments, if any, secured thereby.

(21) "Nonprofit organization" means an organization that is incorporated under the applicable laws of a state as a nonprofit organization, and exempt from paying federal income taxes under section 501 of the Internal Revenue Code 26 U.S.C. 501 (2010).

(22) "Owner of a dwelling" means that a person is considered to have met the requirement to own a dwelling if the person purchases or holds any of the following interests in real property;

(a) Fee title, a life estate, a land contract, ninety-nine-year lease, or a lease including any options for extension with at least fifty years to run from the date of acquisition; or

(b) An interest in a cooperative housing project which includes the right to occupy a dwelling; or

(c) A contract to purchase any of the interests or estates described in paragraph (B)(22)(a) or (B)(22)(b) of this rule; or

(d) Any other interest, including a partial interest, which in the judgment of the agency warrants consideration as ownership.

(23) "Owner's designated representative" means that a property owner may designate a representative to receive all required notifications and documents from the agency. The owner must provide the agency a written notification which states that they will be designating a representative, provide that person's name and contact information and what, if any, notices or information the representative is not authorized to receive.

(24) "Recipient" means a non-federal entity that receives a federal award directly from a federal awarding agency to carry out an activity under a federal program. The recipient is accountable to the federal- funding agency for the use of the funds and for compliance with applicable federal requirements. The term recipient does not include subrecipients.

(25) "Person" means any individual, family, partnership, corporation, or association.

(26) "Program or project" means any activity or series of activities undertaken with federal or state financial assistance received or anticipated in any phase of an undertaking in accordance with the federal or state funding agency guidelines.

(27) "Salvage value" means the probable sale price of an item offered for sale to knowledgeable buyers with the requirement that it be removed from the property at a buyer's expense (i.e., not eligible for relocation assistance). This includes items for re-use as well as items with components that can be re-used or recycled when there is no reasonable prospect for sale except on this basis.

(28) "Small business" is a business having not more than five hundred employees working at the site being acquired or displaced by a program or project, which site is the location of economic activity.

(29) "Tenant" means a person who has the temporary use and occupancy of real property owned by another.

(30) "Uneconomic remnant" means a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner's property and which the acquiring agency has determined has little or no value or utility to the owner.

(31) "Uniform act" means the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (42 U.S.C. 4601 et seq.), and amendments thereto.

(32) "Unlawful occupant" means a person is considered to be in unlawful occupancy if the person has been ordered to move by a court of competent jurisdiction prior to the initiation of negotiations or is determined by the agency to be a squatter who is occupying the real property without the permission of the owner and otherwise has no legal right to occupy the property under state law. A displacing agency may, at its discretion, consider such a squatter to be in lawful occupancy.

(33) "Utility costs" means expenses for electricity, gas, other heating and cooking fuels, water and sewer.

(34) "Utility facility" means any electric, gas, water, steam power, or materials transmission or distribution system; any transportation system; any communications system, including cable television; and any fixtures, equipment, or other property associated with the operation, maintenance, or repair of any such system. A utility facility may be publicly, privately, or cooperatively owned.

(35) "Utility relocation" means the adjustment of a utility facility required by the program or project undertaken by the displacing agency. It includes removing and reinstalling the facility, including necessary temporary facilities; acquiring necessary right-of-way on new location; moving, rearranging or changing the type of existing facilities; and taking any necessary safety and protective measures. It shall also mean constructing a replacement facility that has the functional equivalence of the existing facility and is necessary for the continued operation of the utility service, the project economy, or sequence of project construction.

(36) "Voluntary transactions" means a transaction that meets all of the following conditions:

(a) No specific site or property needs to be acquired, although the agency may limit its search for alternative sites to a general geographic area. Where an agency wishes to purchase more than one site within a geographic area on this basis, all owners are to be treated similarly.

(b) The property to be acquired is not part of an intended, planned, or designated project area where all or substantially all of the property within the area is to be acquired within specific time limits.

(c) The agency will not acquire the property in the event negotiations fail to result in an amicable agreement, and the owner is so informed in writing.

(d) The agency will inform the owner of what it believes to be the fair market value of the property.

(37) "Waiver valuation" means the valuation process used and the product produced when the agency determines that an appraisal is not required, pursuant to appraisal waiver provisions in paragraph (B)(3)(b) of rule 5501:2-5-06 of the Administrative Code.

(38) "Displacement Date" means the date of the move, or for large complex moves, the date the move commences.

(39) "Low Cost or Uncomplicated Moves" means a move with an estimated cost that is less than five thousand dollars.

(C) No duplication of payments: no person shall receive any payment under rules 5501:2-5-01 to 5501:2-5-06 of the Administrative Code if that person receives a payment under federal, state, or local law or insurance proceeds which is determined by the agency to have the same purpose and effect as such payment under rules 5501:2-5-01 to 5501:2-5-06 of the Administrative Code.

(D) Assurances

(1) Before a state agency may approve any grant to, or contract, or agreement with, a public agency or private agency under which federal financial assistance will be made available for a project which results in real property acquisition or displacement that is subject to the Uniform Act, the public agency or private agency must provide appropriate assurances that it will comply with the Uniform Act. These same assurances shall be given for any highway project. A displacing agency's assurances shall be in accordance with section 210 of the Uniform Act. An acquiring agency's assurances shall be in accordance with section 305 of the Uniform Act and must contain specific reference to any state law which the agency believes provides an exception to section 301 or section 302 of the Uniform Act. If, in the judgment of the state agency, Uniform Act compliance will be served, a public agency may provide these assurances at one time to cover all subsequent federally assisted programs or projects. An agency which both acquires real property and displaces persons may combine its section 210 and section 305 assurances in one document.

(E) Prevention of fraud, waste, and mismanagement: the agency shall take appropriate measures to carry out rules 5501:2-5-01 to 5501:2-5-06 of the Administrative Code in a manner that minimizes fraud, waste, and mismanagement.

(F) Manner of notices: each notice which the agency is required to provide to a property owner or occupant under rules 5501:2-5-01 to 5501:2-5-06 of the Administrative Code, except the notice described under paragraph (B)(2) of rule 5501:2-5-06 of the Administrative Code, shall be personally served or sent by certified or registered first-class mail, return receipt requested, or by companies other than the United States Postal Service that provide the same function as certified mail with return receipts and documented in agency files.

(G) The agency funding the project may waive any requirements in rules 5501:2-5-01 to 5501:2-5-06 of the Administrative Code not required by law if it determines that the waiver does not reduce any assistance or protection provided to an owner or displaced person under these rules. Any request for a waiver shall be justified on a case-by-case basis.

(H) The implementation of rules 5501:2-5-01 to 5501:2-5-06 of the Administrative Code must be in compliance with other applicable federal and state laws and implementing regulations.

(I) Recordkeeping and reports:

(1) The agency shall maintain adequate records of its acquisition and displacement activities in sufficient detail to demonstrate compliance with rules 5501:2-5-01 to 5501:2-5-06 of the Administrative Code. These records shall be retained for at least three years after each owner of a property and each person displaced from the property receives the final payment to which he or she is entitled under rules 5501:2-5-01 to 5501:2-5-06 of the Administrative Code, or in accordance with the applicable regulations of the federal funding agency, whichever is later.

(2) Financial information submitted to the agency by the displacee(s) shall be considered confidential.

(J) Appeals

(1) Actions that may be appealed: Any aggrieved person may file a written appeal with the agency in any case in which the person believes that the agency has failed to properly consider the person's application for assistance under this rule. Such assistance may include, but is not limited to, the person's eligibility for, or the amount of, a payment required under paragraph (F) of rule 5501:2-5-06 of the Administrative Code, or a relocation payment required under rules 5501:2-5-02 to 5501:2-5-05 of the Administrative Code. The agency shall consider a written appeal regardless of form.

(2) Time limit for initiating appeal.

(a) Relocation assistance appeals under rules 5501:2-5-02 to 5501:2-5-05 of the Administrative Code: the appeal shall be filed within one hundred twenty days of the person receiving written notification of the agency's determination on the person's claim. All supporting documentation must accompany the notice of appeal.

(b) Acquisition expense appeals under paragraph (F) of rule 5501:2-5-06 of the Administrative Code: the appeal shall be filed within one hundred twenty days of the disbursement of funds to the property owner. All supporting documentation must accompany the notice of appeal.

(3) Right to representation: A person has a right to be represented by legal counsel or other representative in connection with his or her appeal, but solely at the person's own expense.

(4) Review of files by person making appeal: The agency shall permit a person to inspect and copy all materials pertinent to his or her appeal, except materials that are classified as confidential by the agency.

(5) Scope of review of appeal: In deciding an appeal, the agency shall consider all pertinent justification and other material submitted by the person, and all other available information that is needed to ensure a fair and full review of the appeal.

(6) Determination and notification after appeal: After receipt of the notice of appeal, the agency shall make a written determination. The written determination shall include an explanation of the basis on which the decision was made, and the appellant shall be furnished a copy.

(7) Agency official to review appeal: The agency official conducting the review of the appeal shall be either the head of the agency or his or her authorized designee. However, the official shall not have been directly involved in the action appealed.

Last updated March 29, 2025 at 7:15 PM

History

Effective: March 27, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5501:2-5-06

(A) Applicability of acquisition requirements:

(1) Programs and projects receiving federal financial assistance. The requirements of this rule apply to any acquisition of real property for programs and projects where there is federal or state financial assistance in any part of project costs or any acquisition of real property under Chapter 163. of the Revised Code except for the acquisitions described in paragraphs (A)(1)(a) to (A)(1)(d) of this rule. The relocation assistance provisions in this rule are applicable to any tenants that must move as a result of an acquisition described in paragraphs (A)(1)(a) to (A)(1)(d) of this rule. Such tenants are considered displaced persons. (see paragraph (B)(9) of rule 5501:2-5-01 of the Administrative Code)

(a) The requirements of this rule do not apply to acquisitions that meet all of the following conditions in paragraphs (A)(1)(a)(i) to (A)(1)(a)(iv) of this rule:

(i) No specific property needs to be acquired, although the agency may limit its search for alternative properties to a general geographic area. Where an agency wishes to purchase more than one property within a general geographic area on this basis, all owners are to be treated similarly.

(ii) The property to be acquired is not part of an intended, planned, or designated project area where all or substantially all of the property within the area is to be acquired within specific time limits.

(iii) No later than the time of the offer the agency shall inform the owner of the property or the owner's designated representative in writing that it will not acquire the property if negotiations fail to result in an amicable agreement.

(iv) No later than the time of the offer the agency shall inform the owner of the property or the owner's designated representative in writing of what it believes to be the fair market value of the property.

(b) Acquisitions for programs or projects undertaken by an agency or person that receives federal financial assistance and will not use eminent domain to acquire the property . When making an offer to acquire, such agency or person shall:

(i) No later than the time of offer, clearly advise the owner of the property or the owner's designated representative that the agency will notacquire the property if negotiations fail to result in an amicable agreement;

(ii) No later than the time of the offer clearly inform the owner of the property or the owner's designated representative in writing of what it believes to be the fair market value of the property; and

(iii) Not use eminent domain to acquire properties for the project should the negotiations for purchase fail to result in an agreement to sell the real property. In extraordinary situations in which an unanticipated and unplanned need arises after carrying out voluntary acquisition activities, the agency may request a waiver to pursue acquisition by eminent domain for a specific parcel or parcels while remaining in compliance with the Uniform Act's prohibition on coercive actions. Such request must identify the specific parcels that would be acquired by eminent domain, the reason for the need, and the steps the agency will take to ensure that the property owner's assistance and protection are not reduced.

(c) The acquisition of real property from a federal agency, state, or state agency, if the agency desiring to make the purchase does not have authority to acquire the property through condemnation.

(d) The acquisition of real property by a cooperative from a person who, as a condition of membership in the cooperative, has agreed to provide without charge any real property that is needed by the cooperative.

(2) Less-than-full-fee interest in real property.

(a) The provisions of this subpart apply when acquiring fee title subject to retention of a life estate or a life use; to acquisition by leasing where the lease term, including option(s) for extension, is fifty years or more; and to the acquisition of permanent and/or temporary easements necessary for the project. However, the agency may apply these regulations to any less-than-full-fee acquisition that, in its judgment, should be covered.

(b) The provisions of this subpart do not apply to temporary easements or permits needed solely to perform work intended exclusively for the benefit of the property owner, which work may not be done if agreement cannot be reached.

(3) Federally-assisted and state-assisted projects.

(a) For projects receiving federal or state financial assistance, the provisions of paragraphs (B), (C), (D) and (E) of this rule apply.

(b) For real property acquired which may later be incorporated into an anticipated, designed or planned federally funded or assisted project or program the provisions of paragraphs (B), (C), (D), and (E) apply to the greatest extent practicable under state law.

(c) The relocation assistance provisions included in this part are applicable to any property owner or tenants who has to move as a result of an acquisition described in paragraph (d)(2) of this section. Such owners and tenants are to be considered displaced persons.

(B) Basic acquisition policies

(1) Expeditious acquisition: The agency shall make every reasonable effort to acquire the real property expeditiously by negotiation.

(2) Notice to owner: As soon as feasible, the agency shall notify the owner in writing of the agency's interest in acquiring the real property and the basic protections provided to the owner by law and this rule. (see paragraph (C) of rule 5501:2-5-02 of the Administrative Code)

(3) Appraisal, waiver thereof, and invitation to owner:

(a) Before the initiation of negotiations, the real property to be acquired shall be appraised, except as provided in paragraph (B)(3)(b) of this rule, and the owner, or the owner's designated representative, shall be given an opportunity to accompany the appraiser during the appraiser's inspection of the property.

(b) An appraisal is not required if:

(i) The owner is donating the property and releases the agency from its obligation to appraise the property; or

(ii) The agency determines that an appraisal is unnecessary because the valuation problem is uncomplicated and the anticipated value of the proposed acquisition is estimated at fifteen thousand dollars or less, based on a review of available data.

(A) When an appraisal is determined to be unnecessary, the agency shall prepare a waiver valuation. Persons preparing or reviewing a waiver valuation are precluded from complying with standard rules 1, 2, 3 and 4 of the "Uniform Standards of Professional Appraisal Practice" (USPAP), as in effect in the current -edition, as promulgated by the "Appraisal Standards Board" of the Appraisal Foundation, which can be found at http://www.uspap.org

(B) The person performing the waiver valuation must have sufficient understanding of the local real estate market to be qualified to make the waiver valuation.

(4) Establishment and offer of just compensation: Before the initiation of negotiations, the agency shall establish an amount which it believes is just compensation for the real property. The amount shall not be less than the approved appraisal of the market value of the property, taking into account the value of allowable damages or benefits to any remaining property. An agency official must establish the amount believed to be just compensation (see paragraph (D) of this rule). Promptly thereafter, the agency shall make a written offer to the owner or the designated owner's representative to acquire the property for the full amount believed to be just compensation.

(5) Summary statement: Along with the initial written purchase offer, the owner or the designated owner's representative, shall be given a written statement of the basis for the offer of just compensation, which shall include:

(a) A statement of the amount offered as just compensation. In the case of a partial acquisition, the compensation for the real property to be acquired and the compensation for damages, if any, to the remaining real property shall be separately stated.

(b) A description and location identification of the real property and the interest in the real property to be acquired.

(c) An identification of the buildings, structures, and other improvements (including removable building equipment and trade fixtures) which are included as part of the offer of just compensation. Where appropriate, the statement shall identify any other separately held ownership interest in the property, e.g., a tenant-owned improvement, and indicate that such interest is not covered by this offer.

(6) Basic negotiation procedures: The agency shall make all reasonable efforts to contact the owner or the owner's designated representative and discuss its offer to purchase the property, including the basis for the offer of just compensation and explain its acquisition policies and procedures, including its payment of incidental expenses in accordance with paragraph (F) of this rule. The owner shall be given reasonable opportunity to consider the offer and present material which the owner believes is relevant to determining the value of the property and to suggest modification in the proposed terms and conditions of the purchase. The agency shall consider the owner's or the designated owner's representative's presentation.

(7) Updating offer of just compensation: If the information presented by the owner, or a material change in the character or condition of the property, indicates the need for new appraisal information, or if a significant delay has occurred since the time of the appraisal(s) of the property, the agency shall have the appraisal(s) updated or obtain a new appraisal(s). If the latest appraisal information indicates that a change in the purchase offer is warranted, the agency shall promptly reestablish just compensation and offer that amount to the owner in writing.

(8) Coercive action: The agency shall not advance the time of condemnation, or defer negotiations or condemnation or the deposit of funds with the court, or take any other coercive action in order to induce an agreement on the price to be paid for the property.

(9) Administrative settlement: The purchase price for the property may exceed the amount offered as just compensation when reasonable efforts to negotiate an agreement at that amount have failed and an authorized agency official approves such administrative settlement as being reasonable, prudent, and in the public interest. A written justification shall be prepared, which states what available information, including trial risks, supports such a settlement. Relocation payments are not an acquisition cost and cannot be used to support an administrative settlement in whole or in part.

(10) Payment before taking possession: Before requiring the owner to surrender possession of the real property, the agency shall pay the agreed purchase price to the owner, or in the case of a condemnation, deposit with the court, for the benefit of the owner, an amount not less than the agency's approved appraisal of the market value of such property, or the court award of compensation in the condemnation proceeding for the property. In exceptional circumstances, with the prior approval of the owner, or the owner's designated representative, the agency may obtain a right-of-entry for construction purposes before making payment available to an owner.

(11) Uneconomic remnant: If the acquisition of only a portion of a property would leave the owner with an uneconomic remnant, the agency shall offer to acquire the uneconomic remnant along with the portion of the property needed for the project (see paragraph (B)(28) of rule 5501:2-5-01 of the Administrative Code).

(12) Inverse condemnation: If the agency intends to acquire any interest in real property by exercise of the power of eminent domain, it shall institute formal condemnation proceedings and not intentionally make it necessary for the owner to institute legal proceedings to prove the fact of the taking of the real property.

(13) Fair rental: If the agency permits a former owner or tenant to occupy the real property after acquisition for a short term, or a period subject to termination by the agency on short notice, the rent shall not exceed the fair market rent for such occupancy.

(14) Conflict of interest

(a) The appraiser, review appraiser or person performing the waiver valuation shall not have any interest, direct or indirect, in the real property being valued for the agency. Compensation for developing ormaking an appraisal or waiver valuation shall not be based on the amount of the valuation estimate.

(b) No person shall attempt to unduly influence or coerce an appraiser, review appraiser, or waiver valuation preparer regarding any valuation or other aspect of an appraisal, review or waiver valuation. Persons functioning as negotiators may not supervise or formally evaluate the performance of any appraiser or review appraiser performing appraisal or appraisal review work.

(c) An appraiser, review appraiser, or waiver valuation preparer making an appraisal, appraisal review or waiver valuation may be authorized by the agency to act as a negotiator for the acquistion of real property for which that person has made an appraisal, appraisal review or waiver valuation only if the offer to acquire the property is ten thousand dollars, or less.

(1) Appraisal requirements: This rule sets forth the requirements for real property acquisition appraisals. Appraisals are to be prepared according to these requirements, which are intended to be consistent with the uniform standards of professional appraisal practice (USPAP). The agency may have appraisal requirements that supplement these requirements, including, to the extent appropriate, the uniform appraisal standards for federal land acquisition (UASFLA).

(a) The agency acquiring real property has a legitimate role in contributing to the appraisal process, especially in developing the scope of work and defining the appraisal problem. The scope of work and development of an appraisal under these requirements depends on the complexity of the appraisal problem.

(b) The agency has the responsibility to assure that the appraisals it obtains are relevant to its program needs. The agency shall develop minimum standards for appraisals consistent with established and commonly accepted appraisal practice for those acquisitions which, by virtue of their low value or simplicity, do not require the in-depth analysis and presentation necessary in a detailed appraisal. A detailed appraisal shall be prepared for all other acquisitions. A detailed appraisal shall reflect USPAP and to the extent appropriate, the UASFLA. All appraisals shall reflect established and commonly accepted appraisal practice, and as a minimum, complies with the definition of appraisal in paragraph (B)(3) of rule 5501:2-5-01 of the Administrative Code and the five following requirements:

(i) An adequate description of the physical characteristics of the property being appraised (and, in the case of a partial acquisition, an adequate description of the remaining property), including items identified as personal property, a statement of the known and observed encumbrances, if any, title information, location, zoning, present use, an analysis of highest and best use, and at least a five year sales history of the property.

(ii) All relevant and reliable approaches to value consistent with established appraisal practices including published appraisal practices of the lead agency. If the appraiser uses more than one approach, there shall be an analysis and reconciliation of approaches to value used that is sufficient to support the appraiser's opinion of value.

(iii) A description of comparable sales, including a description of all relevant physical, legal, and economic factors such as parties to the transaction, source and method of financing, and verification by a party involved in the transaction.

(iv) A statement of the value of the real property to be acquired and, for a partial acquisition, a statement of the value of the damages and benefits, if any, to the remaining real property, where appropriate.

(v) The effective date of valuation, date of appraisal, signature, and certification of the appraiser.

(2) Influence of the project on just compensation: The appraiser shall disregard any decrease or increase in the market value of the real property caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for the project, other than that due to physical deterioration within the reasonable control of the owner.

(3) Owner retention of improvements.: If the owner of a real property improvement is permitted to retain it for removal from the project site, the amount to be offered for the interest in the real property to be acquired shall not be less than the difference between the amount determined to be just compensation for the owner's entire interest in the real property and the salvage value (as defined in paragraph (B)(25) of rule 5501:2-5-01 of the Administrative Code) of the retained improvement.

(4) Qualifications of appraisers and review appraisers:

(a) The agency shall establish criteria for determining the minimum qualifications and competency of appraisers and review appraisers. Qualifications shall be consistent with the scope of work for the assignment. The agency shall review the experience, education, training, certification/licensing, designation(s) and other qualifications of appraisers, and review appraisers, and use only those determined by the agency to be qualified.

(b) If the agency uses a contract (fee) appraiser to perform the appraisal, such appraiser shall be state licensed or certified in accordance with title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) (12 U.S.C. 3331 - 3355). Contract appraisers and review appraisers must also be pre-approved by the Ohio department of transportation before the acquiring agency may enter into a contract for services.

(D) Review of appraisals: the agency shall have an appraisal review process and, at a minimum:

(1) A qualified review appraiser (see paragraphs (C)(4)(a) and (C)(4)(b) of this rule shall examine the presentation and analysis of market information in all appraisals to assure that they meet the definition of appraisal found in paragraph (B)(3) of rule 5501:2-5-01 of the Administrative Code, appraisal requirements found in paragraph (C) of this rule and other applicable requirements, including, to the extent appropriate, the UASFLA, and support the appraiser's opinion of value. The level of review analysis depends on the complexity of the appraisal problem. As needed, the review appraiser shall, prior to acceptance, seek necessary corrections or revisions. The review appraiser shall identify each appraisal report as recommended (as the basis for the establishment of the amount believed to be just compensation), accepted (meets all requirements, but not selected as recommended or approved), or not accepted.

(2) If the review appraiser is unable to recommend (or approve) an appraisal as an adequate basis for the establishment of the offer of just compensation, and it is determined by the acquiring agency that it is not practical to obtain an additional appraisal, the review appraiser may, as part of the review, present and analyze market information in conformance with paragraph (C) of this rule to support a recommended (or approved) value.

(3) The review appraiser shall prepare a written report that identifies the appraisal reports reviewed and documents the findings and conclusions arrived at during the review of the appraisal(s). Any damages or benefits to any remaining property shall be identified in the review appraiser's report. The review appraiser shall also prepare a signed certification that states the parameters of the review. The certification shall state the approved value, and, if the review appraiser is authorized to do so, the amount believed to be just compensation for the acquisition.

(E) Acquisition of tenant-owned improvements

(1) Acquisition of improvements: when acquiring any interest in real property, the agency shall offer to acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property to be acquired, which it requires to be removed or which it determines will be adversely affected by the use to which such real property will be put. This shall include any improvement of a tenant-owner who has the right or obligation to remove the improvement at the expiration of the lease term.

(2) Improvements considered to be real property: any building, structure, or other improvement, which would be considered to be real property if owned by the owner of the real property on which it is located, shall be considered to be real property for purposes of this paragraph.

(3) Appraisal and establishment of just compensation for tenant-owned improvements: just compensation for a tenant-owned improvement is the amount which the improvement contributes to the fair market value of the whole property or its salvage value, whichever is greater. (Salvage value is defined in paragraph (B)(25) of rule 5501:2-5-01 of the Administrative Code.)

(4) Special conditions for tenant owned improvements: no payment shall be made to a tenant-owner for any real property improvements unless:

(a) The tenant-owner, in consideration for the payment, assigns, transfers, and releases to the agency all of the tenant-owner's right, title, and interest in the improvement; and

(b) The owner of the real property on which the improvement is located disclaims all interest in the improvement; and

(5) Alternative compensation: nothing in this paragraph shall be construed to deprive the tenant-owner of any right to reject payment under this rule and to obtain payment for such property interests in accordance with other applicable law.

(F) Expenses incidental to transfer of title to the agency

(1) The owner of the real property shall be reimbursed for all reasonable expenses the owner necessarily incurred for:

(a) Recording fees, transfer taxes, documentary stamps, evidence of title, boundary surveys, legal descriptions of the real property, and similar expenses incidental to conveying the real property to the agency. However, the agency is not required to pay costs solely required to perfect the owner's title to the real property; and

(b) Penalty costs and other charges for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the real property; and

(c) The pro rata portion of any prepaid real property taxes which are allocable to the period after the agency obtains title to the property or effective possession of it, whichever is earlier.

(2) Whenever feasible, the agency shall pay these costs directly so that the owner will not have to pay such costs and then seek reimbursement from the agency.

(G) Certain litigation expenses: the owner of the real property shall be reimbursed for any reasonable expenses, including reasonable attorney, appraisal, and engineering fees, which the owner actually incurred because of a condemnation proceeding, if:

(1) The final judgment of the court is that the agency cannot acquire the real property by condemnation; or

(2) The condemnation proceeding is abandoned by the agency other than under an agreed-upon settlement; or

(3) The court having jurisdiction renders a judgment in favor of the owner in an inverse condemnation proceeding or the agency effects a settlement of such proceeding.

(H) Donations: an owner whose real property is being acquired may, after being fully informed by the agency of the right to receive just compensation for such property, donate such property or any part thereof, any interest therein, or any compensation paid therefore, to the agency as such owner shall determine. The agency is responsible for assuring that an appraisal of the real property is obtained unless the owner releases the agency from such obligation, except as provided in paragraph (B)(3)(b) of this rule.

Last updated March 29, 2025 at 7:18 PM

History

Effective: March 27, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5501:2-5-04

(A) Replacement housing payment for ninety-day homeowner-occupants.

(1) Eligibility: a displaced person is eligible for the replacement housing payment for a ninety-day homeowner occupant if the person:

(a) Has actually owned and occupied the displacement dwelling for not less than ninety days immediately prior to the initiation of negotiations; and

(b) Purchases and occupies a decent, safe, and sanitary replacement dwelling within one year after the later of the following dates (except that the agency may extend such one- year period for good cause):

(i) The date the person receives final payment for the displacement dwelling or in the case of condemnation, the date the full amount of the estimate of just compensation is deposited in the court; or

(ii) The date the displacing agency's obligation to have at least one comparable dwelling available to the displaced person is met.

(2) Amount of payment: the replacement housing payment for an eligible ninety-day homeowner-occupant may not exceed forty-one thousand two hundred dollars. (see also paragraph (D) of this rule.) The payment under this rule is limited to the amount necessary to relocate to a comparable replacement dwelling within one year from the date the displaced homeowner occupant is paid for the displacement dwelling, or the date a comparable replacement dwelling is made available to such person, whichever is later. The payment shall be the sum of:

(a) The amount by which the cost of a replacement dwelling exceeds the acquisition cost of a displacement dwelling, as determined in accordance with paragraph (A)(3) of this rule; and

(b) The increased interest costs and other debt service costs which are incurred in connection with the mortgage(s) on the replacement dwelling, as determined in accordance with paragraph (A)(4) of this rule; and

(c) The reasonable expenses incidental to the purchase of the replacement dwelling as determined in accordance with paragraph (A)(5) of this rule.

(3) Price differential

(a) Basic computation: the price differential to be paid under paragraph (A)(2)(a) of this rule, is the amount which must be added to the acquisition cost of the displacement dwelling and site. See paragraphs (B)(11) and (B)(12) of rule 5501:2-5-01 of the Administrative Code to provide a total amount equal to the lesser of:

(i) The reasonable cost of a comparable replacement dwelling as determined in accordance with paragraph (C)(1) of this rule; or

(ii) The purchase price of the decent, safe, and sanitary replacement dwelling actually purchased and occupied by the displaced person.

(b) Owner retention of displacement dwelling: if the owner retains ownership of his or her dwelling, moves it from the displacement site, and reoccupies it on a replacement site, the purchase price of the replacement dwelling shall be the total of:

(i) The cost of moving and restoring the dwelling to a condition comparable to that prior to the move; and

(ii) The cost of making the unit a decent, safe, and sanitary replacement dwelling; and

(iii) The current fair market value for residential use of the replacement dwelling site, unless the claimant rented the displacement site and there is a reasonable opportunity for the claimant to rent a suitable replacement site; and

(iv) The retention value of the dwelling, if such retention value is reflected in the "acquisition cost" used when computing the replacement housing payment.

(4) Increased mortgage interest costs: the displacing agency shall determine the factors to be used in computing the amount to be paid to a displaced person for increased interest costs (as defined in paragraph (A)(2)(b) of this rule). The payment for increased mortgage interest cost shall be the amount that will reduce the mortgage balance on a new mortgage to an amount that could be amortized with the same monthly payment for principal and interest as that for the mortgage(s) on the displacement dwelling. In addition, payments shall include other debt service costs, if not paid as incidental costs, and shall be based only on bonafide mortgages that were valid liens on the displacement dwelling for at least ninety days prior to the initiation of negotiations. Paragraphs (A)(4)(a) to (A)(4)(e) of this rule shall apply to the computation of the increased mortgage interest costs payment, which payment shall be contingent upon a mortgage being placed on the replacement dwelling.

(a) The payment shall be based on the unpaid mortgage balance(s) on the displacement dwelling; however, in the event the person obtains a smaller mortgage than the mortgage balance(s) computed in the buydown determination, the payment will be prorated and reduced accordingly. In the case of a home equity loan, the unpaid balance shall be that balance which existed ninety days prior to the initiation of negotiations or the balance on the date of acquisition, whichever is less.

(b) The payment shall be based on the remaining term of the mortgage(s) on the displacement dwelling or the term of the new mortgage, whichever is shorter.

(c) The interest rate on the new mortgage used in determining the amount of the payment shall not exceed the prevailing fixed interest rate for conventional mortgages currently charged by mortgage lending institutions in the area in which the replacement dwelling is located.

(d) Purchaser's points and loan origination or assumption fees, but not seller's points, shall be paid to the extent:

(i) They are not paid as incidental expenses;

(ii) They do not exceed rates normal to similar real estate transactions in the area;

(iii) The agency determines them to be necessary; and

(iv) The computation of such points and fees shall be based on the unpaid mortgage balance on the displacement dwelling less the amount determined for the reduction of such mortgage balance under this rule.

(e) The displaced person shall be advised of the approximate amount of this payment and the conditions that must be met to receive the payment as soon as the facts relative to the person's current mortgage(s) are known, and the payment shall be made available at or near the time of closing on the replacement dwelling in order to reduce the new mortgage as intended.

(5) Incidental expenses: the incidental expenses to be paid under this rule are those necessary and reasonable costs actually incurred by the displaced person incident to the purchase of a replacement dwelling, and customarily paid by the buyer, including:

(a) Legal, closing and related costs including those for title search, preparing conveyance instruments, notary fees, preparing surveys and plats, and recording fees.

(b) Lender, FHA or VA application and appraisal fees.

(d) Professional home inspection certification of structural soundness and termite inspection.

(e) Credit report.

(f) Owner's and mortgagee's evidence of title; e.g., title insurance, not to exceed the costs for a comparable replacement dwelling.

(g) Escrow agent's fee.

(h) State revenue or documentary stamps, sales or transfer taxes (not to exceed the costs for a comparable replacement dwelling).

(i) Such other costs as the agency determines to be incidental to the purchase.

(6) Rental assistance payment for a ninety-day homeowner: a ninety-day homeowner occupant who could be eligible for a replacement housing payment under this rule, but elects to rent a replacement dwelling, is eligible for a rental assistance payment. The amount of the rental assistance payment is based on a determination of market rent for the acquired dwelling compared to a comparable rental dwelling available on the market. The difference, if any, is computed in accordance with paragraph (B)(2) of this rule, except that the limit of nine thousand five hundred and seventy dollars does not apply and disbursed in accordance with paragraph (B)(2)(c) of this rule. Under no circumstances would the rental assistance payment exceed the amount that could have been received under paragraph (A)(2) of this rule had the ninety-day homeowner elected to purchase and occupy a comparable replacement dwelling.

(B) Replacement housing payment for ninety-day tenant

(1) Eligibility: a tenant displaced from a dwelling is entitled to a payment not to exceed nine thousand five hundred and seventy dollars for rental assistance, as computed in accordance with paragraph (B)(2) of this rule, or downpayment assistance, as computed in accordance with paragraph (B)(3) of this rule, if such displaced person:

(a) Has actually and lawfully occupied the displacement dwelling for at least ninety days immediately prior to the initiation of negotiations; and

(b) Has rented, or purchased, and occupied a decent, safe, and sanitary replacement dwelling within one year (unless the agency extends this period for good cause) after the date he or she moves from the displacement dwelling.

(2) Rental assistance payment

(a) Amount of payment: an eligible displaced person who rents a replacement dwelling is entitled to a payment not to exceed nine thousand five hundred and seventy dollars for rental assistance. (see also paragraph (D) of this rule.) Such payment shall be forty-two times the amount obtained by subtracting the base monthly rental for the displacement dwelling from the lesser of:

(i) The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or

(ii) The monthly rent and estimated average monthly cost of utilities for the decent, safe, and sanitary replacement dwelling actually occupied by the displaced person.

(b) Base monthly rental for displacement dwelling: the base monthly rental for the displacement dwelling is the lesser of:

(i) The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement, as determined by the agency. (For a homeowner-occupant, use the fair market rent for the displacement dwelling. For a tenant who paid little or no rent for the displacement dwelling, use the fair market rent, unless its use would result in a hardship because of the person's income or other circumstances); or

(ii) Thirty per cent of the displaced person's average monthly gross household income if the amount is classified as "low income" by the U.S. department of housing and urban development's annual survey of income limits for the public housing. The base monthly rental shall be established solely on the criteria in paragraph (B)(2)(b)(i) of this rule for persons with income exceeding the survey's "low income" limits, for homeowner-occupants, for persons refusing to provide appropriate evidence of income, and for persons who are dependents. A full- time student or resident of an institution may be assumed to be a dependent, unless the person demonstrates otherwise; or,

(iii) The total of the amounts designated for shelter and utilities if the displaced person is receiving a welfare assistance payment from a program that designates the amounts for shelter and utilities.

(c) Manner of disbursement: a rental assistance payment may, at the agency's discretion, be disbursed in either a lump sum or in installments. However, except as limited by provisions for payment after death, the full amount vests immediately; whether or not there is any later change in the person's income or rent, or in the condition or location of the person's housing.

(3) Down payment assistance payment

(a) Amount of payment: an eligible displaced tenant who purchases a replacement dwelling is entitled to a downpayment assistance payment in the amount the person would receive under paragraph (B)(2) of this rule if the person rented a comparable replacement dwelling. The minimum payment under this rule shall be nine thousand five hundred seventy dollars. A displaced person eligible to receive a payment as a ninety-day owner-occupant is not eligible for this payment.

(b) Application of payment: the full amount of the replacement housing payment for downpayment assistance must be applied to the purchase price of the replacement dwelling and related incidental expenses.

(1) Determining cost of comparable replacement dwelling: the upper limit of a replacement housing payment shall be based on the cost of a comparable replacement dwelling.

(a) If available, at least three comparable replacement dwellings shall be examined and the payment computed on the basis of the dwelling most nearly representative of, and equal to, or better than, the displacement dwelling.

(b) If the site of the comparable replacement dwelling lacks a major exterior attribute of the displacement dwelling site (e.g., the site is significantly smaller or does not contain a swimming pool), the value of such attribute shall be subtracted from the acquisition cost of the displacement dwelling for purposes of computing the payment.

(c) If the acquisition of a portion of a typical residential property causes the displacement of the owner from the dwelling and the remainder is a buildable residential lot, the agency may offer to purchase the entire property. If the owner refuses to sell the remainder to the agency, the fair market value of the remainder may be added to the acquisition cost of the displacement dwelling for purposes of computing the replacement housing payment.

(d) To the extent feasible, comparable replacement dwellings shall be selected from the neighborhood in which the displacement dwelling was located or, if that is not possible, in nearby or similar neighborhoods where housing costs are generally the same or higher.

(e) Multiple occupants of one displacement dwelling. If two or more occupants of the displacement dwelling move to separate replacement dwellings, each occupant is entitled to a reasonable prorated share, as determined by the agency, of any relocation payments that would have been made if the occupants moved together to a comparable replacement dwelling. However, if the agency determines that two or more occupants maintained separate households within the same dwelling, such occupants have separate entitlements to relocation payments.

(f) Deductions from relocation payments. An agency shall deduct the amount of any advance relocation payment from the relocation payment(s) to which a displaced person is otherwise entitled. The agency shall not withhold any part of a relocation payment to a displaced person to satisfy an obligation to any creditor.

(g) Mixed-use and multifamily properties. If the displacement dwelling was part of a property that contained another dwelling unit and/or space used for nonresidential purposes, and/or is located on a lot larger than typical for residential purposes, only that portion of the acquisition payment which is actually attributable to the displacement dwelling shall be considered the acquisition cost when computing the replacement housing payment.

(2) Inspection of replacement dwelling: before making a replacement housing payment or releasing a payment from escrow, the agency or its designated representative shall inspect the replacement dwelling and determine whether it is a decent, safe, and sanitary dwelling.

(3) Purchase of replacement dwelling: a displaced person is considered to have met the requirement to purchase a replacement dwelling, if the person:

(a) Purchases a dwelling; or

(b) Purchases and rehabilitates a substandard dwelling; or

(d) Constructs a dwelling on a site he or she owns or purchases; or

(e) Contracts for the purchase or construction of a dwelling on a site provided by a builder or on a site the person owns or purchases; or

(f) Currently owns a previously purchased dwelling and site, valuation of which shall be on the basis of current fair market value as determined by the agency.

(4) Occupancy requirements for displacement or replacement dwelling: no person shall be denied eligibility for a replacement housing payment solely because the person is unable to meet the occupancy requirements set forth in these regulations for a reason beyond his or her control, including:

(a) A disaster, an emergency, or an imminent threat to the public health or welfare, as determined by the president, the federal agency funding the project, or the displacing agency; or

(b) Another reason, such as a delay in the construction of the replacement dwelling, military duty, or hospital stay, as determined by the agency.

(5) Conversion of payment: a displaced person who initially rents a replacement dwelling and receives a rental assistance payment is eligible to receive a payment under paragraph (A) or (B)(3) of this rule, if he or she meets the eligibility criteria for such payments, including purchase and occupancy within the prescribed one- year period. Any portion of the rental assistance payment that has been disbursed shall be deducted from the payment computed under paragraph (A) or (B)(3) of this rule.

(6) Payment after death: a replacement housing payment is personal to the displaced person and upon his or her death the undisbursed portion of any such payment shall not be paid to the heirs or assigns, except that:

(a) The amount attributable to the displaced person's period of actual occupancy of the replacement housing shall be paid.

(b) Any remaining payment shall be disbursed to the remaining family members of the displaced household in any case in which a member of a displaced family dies.

(c) Any portion of a replacement housing payment necessary to satisfy the legal obligation of an estate in connection with the selection of a replacement dwelling by or on behalf of a deceased person shall be disbursed to the estate.

(d) Insurance proceeds; to the extent necessary to avoid duplicate compensation, the amount of any insurance proceeds received by a person in connection with a loss to the displacement dwelling due to a catastrophic occurrence (fire, flood, etc.) shall be included in the acquisition cost of the displacement dwelling when computing the price differential. (see paragraph (C) of rule 5501:2-5-01 of the Administrative Code)

(D) Replacement housing of last resort

(1) Determination to provide replacement housing of last resort: whenever a program or project cannot proceed on a timely basis because comparable replacement dwellings are not available within the monetary statutory limits for owners or tenants, the agency shall provide additional or alternative assistance under the provisions of this rule. Any decision to provide last resort housing assistance must be adequately justified either:

(a) On a case-by-case basis, for good cause, which means that appropriate consideration has been given to:

(i) The availability of comparable replacement housing in the program or project area; and

(ii) The resources available to provide comparable replacement housing; and

(iii) The individual circumstances of the displaced person; or

(b) By a determination that:

(i) There is little, if any, comparable replacement housing available to displaced persons within an entire program or project area; and, therefore, last resort housing assistance is necessary for the area as a whole; and

(ii) A program or project cannot be advanced to completion in a timely manner without last resort housing assistance; and

(iii) The method selected for providing last resort housing assistance is cost effective, considering all elements which contribute to total program or project costs.

(2) Basic rights of persons to be displaced: notwithstanding any provision of this section, no person shall be required to move from a displacement dwelling unless comparable replacement housing is available to such person. No person may be deprived of any rights the person may have under the Uniform Act, R.C. 163 or this rule. The agency shall not require any displaced person to accept a dwelling provided by the agency under these procedures (unless the agency and the displaced person have entered into a contract to do so) in lieu of any acquisition payment or any relocation payment for which the person may otherwise be eligible.

(3) Methods of providing comparable replacement housing: agencies shall have broad latitude in implementing this section, but implementation shall be for reasonable cost, on a case-by-case basis, unless an exception to case-by-case analysis is justified for an entire project.

(a) The methods of providing replacement housing of last resort include, but are not limited to:

(i) A replacement housing payment in excess of the statutory limits. A rental assistance subsidy under this section may be provided in installments or in a lump sum at the agency's discretion.

(ii) Rehabilitation of and/or additions to an existing replacement dwelling.

(iii) The construction of a new replacement dwelling.

(iv) The provision of a direct loan, which requires regular amortization or deferred repayment. The loan may be unsecured or secured by the real property. The loan may bear interest or be interest free.

(v) The relocation and, if necessary, rehabilitation of a dwelling.

(vi) The purchase of land and/or a replacement dwelling by the agency and subsequent sale or lease to, or exchange with a displaced person.

(vii) The removal of barriers for persons with disabilities.

(b) Under special circumstances, consistent with the definition of a comparable replacement dwelling, modified methods of providing replacement housing of last resort permit consideration of replacement housing based on space and physical characteristics different from those in the displacement dwelling including upgraded, but smaller replacement housing that is decent, safe, and sanitary and adequate to accommodate the individuals or families displaced from marginal or substandard housing with probable functional obsolescence. In no event, however, shall a displaced person be required to move into a dwelling that is not functionally equivalent.

(c) The agency shall provide assistance under this section to a displaced person who is not eligible to receive a replacement housing payment under paragraphs (A) and (B) of this rule because of failure to meet the length of occupancy requirement when comparable replacement rental housing is not available at rental rates within the displaced person's financial means (see paragraph (B)(2)(b)(ii) of this rule). Such assistance shall cover a period of forty-two months.

Last updated March 29, 2025 at 7:18 PM

History

Effective: March 27, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5501:2-5-02

(A) Purpose: this rule prescribes general requirements governing the provision of relocation payments and other relocation assistance.

(B) Applicability: these requirements apply to the relocation of any displaced person as defined in paragraph (B)(9) of rule 5501:2-5-01 of the Administrative Code. Any person who qualifies as a displaced person must be fully informed of his or her rights and entitlements to relocation assistance and payments provided by Chapter 163. of the Revised Code and this rule.

(1) General information notice: as soon as feasible, a person scheduled to be displaced shall be furnished with a general written description of the displacing agency's relocation program which does at least the following:

(a) Informs the person that he or she may be displaced for the project and generally describes the relocation payment(s) for which the person may be eligible, the basic conditions of eligibility, and the procedures for obtaining the payment(s).

(b) Informs the person that he or she will be given reasonable relocation advisory services, including referrals to replacement properties, help in filing payment claims, and other necessary assistance to help the person successfully relocate.

(c) Informs the displaced person that he or she will not be required to move without at least ninety days' advance written notice (see paragraph (C)(3) of this rule) and informs any person to be displaced from a dwelling that he or she cannot be required to move permanently unless at least one comparable replacement dwelling has been made available.

(d) Informs the displaced person that any person who is an alien not lawfully present in the United States is ineligible for relocation advisory services and relocation payments, unless such ineligibility would result in exceptional and extremely unusual hardship to a qualifying spouse, parent, or child, as defined in paragraph (H) of this rule; and

(e) Describes the person's right to appeal the agency's determination in accordance with paragraph (J) of rule 5501:2-5-01 of the Administrative Code.

(2) Notice of relocation eligibility: eligibility for relocation assistance shall begin on the date of a notice of intent to acquire (described in paragraph (C)(3)(e) of this rule), the initiation of negotiations (defined in paragraph (B)(17) of rule 5501:2-5-01 of the Administrative Code), or actual acquisition, whichever occurs first. When this occurs, the agency shall promptly notify all occupants in writing of their eligibility for applicable relocation assistance.

(3) Ninety day notice

(a) General: no lawful occupant shall be required to move unless he or she has received at least ninety days advance written notice of the earliest date by which he or she may be required to move.

(b) Timing of notice: the displacing agency may issue the notice ninety days or earlier before it expects the person to be displaced.

(c) Content of notice: the ninety-day notice shall either state a specific date as the earliest date by which the occupant may be required to move, or state that the occupant will receive a further notice indicating, at least thirty days in advance, the specific date by which he or she must move. If the ninety-day notice is issued before a comparable replacement dwelling is made available, the notice must state clearly that the occupant will not have to move earlier than ninety days after such a dwelling is made available.

(d) Urgent need: in unusual circumstances, an occupant may be required to vacate the property on less than ninety days advance written notice if the displacing agency determines that a ninety-day notice is impracticable, such as when the person's continued occupancy of the property would constitute a substantial danger to health or safety. A copy of the agency's determination shall be included in the applicable case file.

(e) Notice of intent to acquire: a notice of intent to acquire is a displacing agency's written communication that is provided to a person to be displaced, which clearly sets forth that the agency intends to acquire the property. A notice of intent to acquire establishes eligibility for relocation assistance prior to the initiation of negotiations.

(D) Availability of comparable replacement dwelling before displacement

(1) General: no person to be displaced shall be required to move from his or her dwelling unless at least one comparable replacement dwelling has been made available to the person. Where possible, three or more comparable replacement dwellings shall be made available. A comparable replacement dwelling will be considered to have been made available to a person if:

(a) The person is informed of its location; and

(b) The person has sufficient time to negotiate and enter into a purchase agreement or lease for the property; and

(c) Subject to reasonable safeguards, the person is assured of receiving the relocation assistance and acquisition payment to which the person is entitled in sufficient time to complete the purchase or lease of the property.

(2) Circumstances permitting waiver: the federal agency funding the project may grant a waiver of the policy in paragraph (D)(1) of this rule in any case where it is demonstrated that a person must move because of:

(a) A major disaster as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended at the time of the effective date of this rule, 42 U.S.C. 5122 (2013); or

(b) A presidentially declared national emergency; or

(d) Another emergency that requires immediate vacation of the real property, such as when continued occupancy of the displacement dwelling constitutes a substantial danger to the health or safety of the occupants or the public.

(3) Basic conditions of emergency move: whenever a person is required to relocate for a temporary period because of an emergency as described in paragraph (D)(2) of this rule, the agency shall:

(a) Take whatever steps are necessary to assure that the person is temporarily relocated to a decent, safe, and sanitary dwelling; and

(b) Pay the actual reasonable out-of-pocket moving expenses and any reasonable increase in rent and utility costs incurred in connection with the temporary relocation; and

(c) Make available to the displaced person as soon as feasible, at least one comparable replacement dwelling. (For purposes of filing a claim and meeting the eligibility requirements for a relocation payment, the date of displacement is the date the person moves from the temporarily occupied dwelling.)

(E) Relocation planning, advisory services, and coordination

(1) Relocation planning: during the early stages of development, projects shall be planned in such a manner that the problems associated with the displacement of individuals, families, businesses, farms, and nonprofit organizations are recognized and solutions are developed to minimize the adverse impacts of displacement. Such planning, where appropriate, shall precede any action by an agency which will cause displacement, and should be scoped to the complexity and nature of the anticipated displacing activity including an evaluation of program resources available to carry out timely and orderly relocations. Planning may involve a relocation survey or study which may include the following:

(a) An estimate of the number of households to be displaced including information such as owner/tenant status, estimated value and rental rates of properties to be acquired, family characteristics, and special consideration of the impacts on minorities, the elderly, large families, and persons with disabilities when applicable.

(b) An estimate of the number of comparable replacement dwellings in the area (including price ranges and rental rates) that are expected to be available to fulfill the needs of those households displaced. When an adequate supply of comparable housing is not expected to be available, consideration of housing of last resort actions should be instituted.

(c) An estimate of the number, type and size of the businesses, farms and nonprofit organizations to be displaced and the approximate number of employees that may be affected.

(d) An estimate of the availability of replacement business sites. When an adequate supply of replacement business sites is not expected to be available, the impacts of displacing the businesses should be considered and addressed. Planning for displaced businesses which are reasonably expected to involve complex or lengthy moving processes or small businesses with limited financial resources and/or few alternative relocation sites should include an analysis of business moving problems.

(e) Consideration of any special relocation advisory services that may be necessary from the displacing agency and other cooperating agencies.

(2) Loans for planning and preliminary expenses: in the event that an agency elects to consider using the duplicative provision in section 215 of the Uniform Act which permits the use of project funds for loans to cover planning and other preliminary expenses for the development of additional housing, the agency will establish criteria and procedures for such use upon the request of the federal agency funding the program or project.

(3) Relocation assistance advisory services

(a) General: the agency shall carry out a relocation assistance advisory program which satisfies the requirements of Title VI of the Civil Rights Act of 1964, (42 U.S.C. 2000D et seq.), Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), and Executive Order 11063 (27 FR 11527, November 24, 1962), and offers the services described in paragraph (E)(3)(b) of this rule. If the agency determines that a person occupying property adjacent to the real property acquired for the project is caused substantial economic injury because of such acquisition, it may offer advisory services to such person.

(b) Services to be provided: the advisory program shall include such measures, facilities, and services as may be necessary or appropriate in order to:

(i) Determine, for nonresidential (businesses, farm and nonprofit organizations) displacements, the relocation needs and preferences of each business (farm and nonprofit organization) to be displaced and explain the relocation payments and other assistance for which the business may be eligible, the related eligibility requirements, and the procedures for obtaining such assistance. This shall include a personal interview with each business. At a minimum, interviews with displaced business owners and operators should include the following items:

(A) The business's replacement site requirements, current lease terms and other contractual obligations and the financial capacity of the business to accomplish the move.

(B) Determination of the need for outside specialists in accordance with paragraph (A)(7)(l) of rule 5501:2-5-03 of the Administrative Code that will be required to assist in planning the move, assistance in the actual move, and in the reinstallation of machinery and/or other personal property.

(C) For businesses, an identification and resolution of personalty/realty issues. Every effort must be made to identify and resolve realty/personalty issues prior to, or at the time of, the appraisal of the property.

(D) An estimate of the time required for the business to vacate the site.

(E) An estimate of the anticipated difficulty in locating a replacement property.

(F) An identification of any advance relocation payments required for the move, and the agency's legal capacity to provide them.

(ii) Determine, for residential displacements, the relocation needs and preferences of each person to be displaced and explain the relocation payments and other assistance for which the person may be eligible, the related eligibility requirements, and the procedures for obtaining such assistance. This shall include a personal interview with each residential displaced person.

(A) Provide current and continuing information on the availability, purchase prices, and rental costs of comparable replacement dwellings, and explain that the person cannot be required to move unless at least one comparable replacement dwelling is made available as set forth in paragraph (D) of this rule.

(B) As soon as feasible, the agency shall inform the person in writing of the specific comparable replacement dwelling and the price or rent used for establishing the upper limit of the replacement housing payment (see paragraph (C)(1) of rule 5501:2-5-04 of the Administrative Code) and the basis for the determination, so that the person is aware of the maximum replacement housing payment for which he or she may qualify.

(C) Where feasible, housing shall be inspected prior to being made available to assure that it meets applicable standards. (see paragraph (B)(8) of rule 5501:2-5-01 of the Administrative Code) If such an inspection is not made, the agency shall notify the person to be displaced that a replacement housing payment may not be made unless the replacement dwelling is subsequently inspected and determined to be decent, safe, and sanitary.

(D) Whenever possible, minority persons shall be given reasonable opportunities to relocate to decent, safe, and sanitary replacement dwellings, not located in an area of minority concentration, that are within their financial means. This policy, however, does not require an Agency to provide a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling.

(E) The agency shall offer all persons transportation to inspect housing to which they are referred.

(F) Any displaced person that may be eligible for government housing assistance at the replacement dwelling shall be advised of any requirements of such government housing assistance program that would limit the size of the replacement dwelling (see paragraph (B)(6)(i) of rule 5501:2-5-01 of the Administrative Code), as well as of the long term nature of such rent subsidy, and the limited (forty-two month) duration of the relocation rental assistance payment.

(iii) Provide, for nonresidential moves, current and continuing information on the availability, purchase prices, and rental costs of suitable commercial and farm properties and locations. Assist any person displaced from a business or farm operation to obtain and become established in a suitable replacement location.

(iv) Minimize hardships to persons in adjusting to relocation by providing counseling, advice as to other sources of assistance that may be available, and such other help as may be appropriate.

(v) Supply persons to be displaced with appropriate information concerning federal and state housing programs, disaster loan and other programs administered by the small business administration, and other federal and state programs offering assistance to displaced persons, and technical help to persons applying for such assistance.

(4) Coordination of relocation activities: relocation activities shall be coordinated with project work and other displacement-causing activities to ensure that, to the extent feasible, persons displaced receive consistent treatment and the duplication of functions is minimized.

(5) Any person who occupies property acquired by an agency, when such occupancy began, subsequent to the acquisition of the property, and the occupancy is permitted by a short-term rental agreement or an agreement subject to termination when the property is needed for a program or project, shall be eligible for advisory services, as determined by the agency.

(F) Eviction for cause

(1) Eviction for cause must conform to applicable state and local law. Any person who occupies the real property and is not in unlawful occupancy on the date of the initiation of negotiations, is presumed to be entitled to relocation payments and other assistance set forth in this part unless the agency determines that:

(a) The person received an eviction notice prior to the initiation of negotiations and, as a result of that notice is later evicted; or

(b) The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease or occupancy agreement; and

(c) In either case the eviction was not undertaken for evading the obligation to make available the payments and other assistance set forth in this rule.

(2) Determination of eligibility: for purposes of determining eligibility for relocation payments, the date of displacement is the date the person moves, or if later, the date a comparable replacement dwelling is made available. This section applies only to persons who would otherwise have been displaced by the project.

(G) General requirements: claims for relocation payments

(1) Documentation: any claim for a relocation payment shall be supported by such documentation as may be reasonably required to support expenses incurred, such as bills, certified prices, appraisals, or other evidence of such expenses. A displaced person must be provided reasonable assistance necessary to complete and file any required claim for payment.

(2) Expeditious payments: the agency shall review claims in an expeditious manner. The claimant shall be promptly notified as to any additional documentation that is required to support the claim. Payment for a claim shall be made as soon as feasible following receipt of sufficient documentation to support the claim.

(3) Advance payments: if a person demonstrates the need for an advance relocation payment in order to avoid or reduce a hardship, the agency shall issue the payment, subject to such safeguards as are appropriate to ensure that the objective of the payment is accomplished.

(4) Time for filing

(a) All claims for a relocation payment shall be filed with the agency no later than eighteen months after:

(i) For tenants, the date of displacement;

(ii) For owners, the date of displacement or the date of the final payment for the acquisition of the real property, whichever is later.

(b) This time period shall be waived by the agency for good cause.

(5) Notice of denial of claim: if the agency disapproves all or part of a payment claimed or refuses to consider the claim on its merits because of untimely filing or other grounds, it shall promptly notify the claimant in writing of its determination and the procedures for appealing that determination.

(6) No waiver of relocation assistance: a displacing agency shall not propose or request that a displaced person waive his or her rights or entitlements to relocation assistance and benefits provided by section 163 of the Revised Code and this rule.

(7) Expenditure of payments: payments, provided pursuant to this part, shall not be considered to constitute federal financial assistance. Accordingly, this part does not apply to the expenditure of such payments by, or for, a displaced person.

(8) Multiple occupants of one displacement dwelling: if two or more occupants of the displacement dwelling move to separate replacement dwellings, each occupant is entitled to a reasonable prorated share, as determined by the agency, of any relocation payments that would have been made if the occupants moved together to a comparable replacement dwelling. However, if the agency determines that two or more occupants maintained separate households within the same dwelling, such occupants have separate entitlements to relocation payments.

(9) Deductions from relocation payments: an agency shall deduct the amount of any advance relocation payment from the relocation payment(s) to which a displaced person is otherwise entitled. The agency shall not withhold any part of a relocation payment to a displaced person to satisfy an obligation to any creditor.

(H) Aliens not lawfully present in the United States.

(1) Each person seeking relocation payments or relocation advisory assistance shall, as a condition of eligibility, certify:

(a) In the case of an individual, that he or she is either a citizen or national of the United States, or an alien who is lawfully present in the United States.

(b) In the case of a family, that each family member is either a citizen or national of the United States, or an alien who is lawfully present in the United States. The certification may be made by the head of the household on behalf of other family members.

(c) In the case of an unincorporated business, farm, or nonprofit organization, that each owner is either a citizen or national of the United States, or an alien who is lawfully present in the United States. The certification may be made by the principal owner, manager, or operating officer on behalf of other persons with an ownership interest.

(d) In the case of an incorporated business, farm, or nonprofit organization, that the corporation is authorized to conduct business within the United States.

(2) The certification provided pursuant to paragraphs (H)(1)(a), (H)(1)(b), and (H)(1)(c) of this rule shall indicate whether such person is either a citizen or national of the United States, or an alien who is lawfully present in the United States. Requirements concerning the certification in addition to those contained in this rule shall be within the discretion of the federal funding agency and, within those parameters, that of the displacing agency.

(3) In computing relocation payments under Chapter 163. of the Revised Code, if any member of a household or owner of an unincorporated business, farm, or nonprofit organization is determined to be ineligible because of a failure to be legally present in the United States, no relocation payments may be made to him or her. Any payment for which such household, unincorporated business, farm, or nonprofit organization would otherwise be eligible shall be computed for the household, based on the number of eligible household members and for the unincorporated business, farm, or nonprofit organization, based on the ratio of ownership between eligible and ineligible owners.

(4) The displacing agency shall consider the certification provided pursuant to paragraph (H)(1) of this rule to be valid, unless the displacing agency determines in accordance with paragraph (H)(6) of this rule that it is invalid based on a review of an alien's documentation or other information that the agency considers reliable and appropriate.

(5) Any review by the displacing agency of the certifications provided pursuant to paragraph (H)(1) of this rule shall be conducted in a nondiscriminatory fashion. Each displacing agency will apply the same standard of review to all such certifications it receives, except that such standard may be revised periodically.

(6) If, based on a review of an alien's documentation or other credible evidence, a displacing agency has reason to believe that a person's certification is invalid (for example a document reviewed does not on its face reasonably appear to be genuine), and that, as a result, such person may be an alien not lawfully present in the United States, it shall obtain the following information before making a final determination:

(a) If the agency has reason to believe that the certification of a person who has certified that he or she is an alien lawfully present in the United States is invalid, the displacing agency must obtain verification of the person's status by using the Systematic Alien Verification for Entitlements (SAVE) program administered by the United States Citizenship and Immigration Services (USCIS) to verify immigration status rather than the previous requirement to contact the local Bureau of Citizenship and Immigration Services office.

(b) If the agency has reason to believe that the certification of a person who has certified that he or she is a citizen or national is invalid, the displacing agency shall request evidence of United States citizenship or nationality from such person and, if considered necessary, verify the accuracy of such evidence with the issuer.

(7) No relocation payments or relocation advisory assistance shall be provided to a person who has not provided the certification described in this paragraph or who has been determined to be not lawfully present in the United States, unless such person can demonstrate to the displacing agency's satisfaction that the denial of relocation assistance will result in an exceptional and extremely unusual hardship to such person's spouse, parent, or child who is a citizen of the United States, or is an alien lawfully admitted for permanent residence in the United States.

(8) For purposes of paragraph (H)(7) of this rule, "exceptional and extremely unusual hardship" to such spouse, parent, or child of the person not lawfully present in the United States means that the denial of relocation payments and advisory assistance to such person will directly result in:

(a) A significant and demonstrable adverse impact on the health or safety of such spouse, parent, or child;

(b) A significant and demonstrable adverse impact on the continued existence of the family unit of which such spouse, parent, or child is a member; or

(c) Any other impact that the displacing agency determines will have a significant and demonstrable adverse impact on such spouse, parent, or child.

(9) The certification referred to in paragraph (H)(1) of this rule may be included as part of the claim for relocation payments described in paragraph (G) of this rule.

(I) Relocation payments not considered as income: no relocation payments received by a displaced person under rules 5501:2-5-01 to 5501:2-5-05 of the Administrative Code shall be considered as income for the purpose of the Internal Revenue Code or for the purpose of determining the eligibility or the extent of eligibility of any person for assistance under the Social Security Act or any other federal law, except for any federal law providing low-income housing assistance.

Last updated March 29, 2025 at 7:16 PM

History

Effective: March 27, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5501:2-5-05

(A) General: this rule describes the requirements governing the provision of replacement housing payments to a person displaced from a mobile home and/or mobile home site who meets the basic eligibility requirements of this rule. Except as modified by this rule, such a displaced person is entitled to a moving expense payment and a replacement housing payment to the same extent and subject to the same requirements as persons displaced from conventional dwellings. Moving cost payments to persons occupying mobile homes are covered in paragraphs (A)(5)(a) to (A)(5)(j) of rule 5501:2-5-03 of the Administrative Code.

(B) Partial acquisition of mobile home park: The acquisition of a portion of a mobile home park property may leave a remaining part of the property that is not adequate to continue the operation of the park. If the agency determines that a mobile home located in the remaining part of the property must be moved as a direct result of the project, the occupant of the mobile home shall be considered to be a displaced person who is entitled to relocation payments and other assistance under this part.

(C) Replacement housing payment for a ninety-day mobile homeowner displaced from a mobile home, and/or from the acquired mobile home site.

(1) Eligibility.

An owner-occupant displaced from a mobile home or site is entitled to a replacement housing payment, not to exceed forty-one thousand two hundred dollars, under paragraph (A) of rule 5501:2-5-04 of the Administrative Code if:

(a) The person occupied the mobile home on the displacement site for at least ninety days immediately before:

(i) The initiation of negotiations to acquire the mobile home, if the person owned the mobile home and the mobile home is real property;

(ii) The initiation of negotiations to acquire the mobile home site if the mobile home is personal property, but the person owns the mobile home site; or

(iii) The date of the agency's written notification to the owner-occupant that the owner is determined to be displaced from the mobile home as described in paragraphs (C)(1)(i) to (C)(1)(iv) of this rule.

(b) The person meets the other basic eligibility requirements of paragraph (A)(1)(b) of rule 5501:2-5-04 of the Administrative Code; and

(c) The agency acquires the mobile home as real estate, or acquires the mobile home site from the displaced owner, or the mobile home is personal property, but the owner is displaced from the mobile home because the agency determines that the mobile home:

(i) Is not, and cannot economically be made decent, safe, and sanitary;

(ii) Cannot be relocated without substantial damage or unreasonable cost;

(iii) Cannot be relocated because there is no available comparable replacement site; or

(iv) Cannot be relocated because it does not meet mobile home park entrance requirements.

(2) Replacement housing payment computation for a ninety-day owner that is displaced from a mobile home. The replacement housing payment for an eligible displaced ninety-day owner is computed as described at paragraph (A)(2) of rule 5501:2-5-04 of the Administrative Code incorporating the following, as applicable:

(a) If the agency acquires the mobile home as real estate and/or acquires the owned site, the acquisition cost used to compute the price differential payment is the actual amount paid to the owner as just compensation for the acquisition of the mobile home, and/or site, if owned by the displaced mobile homeowner.

(b) If the agency does not purchase the mobile home as real estate but the owner is determined to be displaced from the mobile home and eligible for a replacement housing payment based on paragraph (C)(1)(c)(iii) of this rule, the eligible price differential payment for the purchase of a comparable replacement mobile home, is the lesser of the displaced mobile homeowner's net cost to purchase a replacement mobile home (i.e., purchase price of the replacement mobile home less trade-in or sale proceeds of the displacement mobile home); or, the cost of the agency's selected comparable mobile home less the agency's estimate of the salvage or trade-in value for the mobile home from which the person is displaced.

(c) If a comparable replacement mobile home site is not available, the price differential payment shall be computed on the basis of the reasonable cost of a conventional comparable replacement dwelling.

(3) Rental assistance payment for a ninety-day owner-occupant that is displaced from a leased or rented mobile home site. If the displacement mobile home site is leased or rented, a displaced ninety-day owner-occupant is entitled to a rental assistance payment computed as described in paragraph (A)(6) of rule 5501:2-5-04 of the Administrative Code. This rental assistance payment may be used to lease a replacement site; may be applied to the purchase price of a replacement site; or may be applied, with any replacement housing payment attributable to the mobile home, to the purchase of a replacement mobile home or conventional decent, safe and sanitary dwelling.

(4) Owner-occupant not displaced from the mobile home. If the agency determines that a mobile home is personal property and may be relocated to a comparable replacement site, but the owner-occupant elects not to do so, the owner is not entitled to a replacement housing payment for the purchase of a replacement mobile home. However, the owner is eligible for moving costs described at rule 5501:2-5-03 of the Administrative Code and any replacement housing payment for the purchase or rental of a comparable site as described in this paragraph or paragraph (D) of this rule as applicable.

(D) Replacement housing payment for ninety- day mobile home tenant: A displaced tenant of a mobile home and/or site is eligible for a replacement housing payment, not to exceed nine thousand five hundred and seventy dollars, under paragraph (B) of this rule if:

(1) The person actually occupied the displacement mobile home on the displacement site for at least ninety days immediately prior to the initiation of negotiations;

(2) The person meets the other basic eligibility requirements at paragraph (B)(1) of rule 5501:2-5-04 of the Administrative Code; and

(3) The agency acquires the mobile home and/or mobile home site, or the mobile home is not acquired by the agency, but the agency determines that the occupant is displaced from the mobile home because of one of the circumstances described at paragraph (C)(1)(c) of this rule.

Last updated March 29, 2025 at 7:18 PM

History

Effective: March 27, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5501:2-5-03

(A) Payment for actual reasonable moving and related expenses.

(1) General

(a) Any owner-occupant or tenant who qualifies as a displaced person (defined in paragraph (B)(9) of rule 5501:2-5-01 of the Administrative Code) and who moves from a dwelling (including a mobile home) or who moves from a business, farm or nonprofit organization is entitled to payment of his or her actual moving and related expenses, as the agency determines to be reasonable and necessary.

(b) A non-occupant owner of a rented mobile home is eligible for actual cost reimbursement under paragraph (A) of this rule to relocate the mobile home. If the mobile home is not acquired as real estate, but the homeowner-occupant obtains a replacement housing payment under one of the circumstances described in paragraph (C)(1)(c) of rule 5501:2-5-05 of the Administrative Code, the home-owner occupant is not eligible for payment for moving the mobile home but may be eligible for a payment for moving personal property from the mobile home.

(2) Moves from a dwelling, including mobile homes. A displaced person's actual, reasonable and necessary moving expenses for moving personal property from a dwelling may be determined based on the cost of one, or a combination of the following methods: Eligible expenses for moves from a dwelling include the expenses described in paragraphs (A)(5)(a) to (A)(5)(g) of this rule. In addition to the items in paragraph (A)(2)(a) of this rule, the owner-occupant of a mobile home that is moved as personal property and used as the person's replacement dwelling, is also eligible for the moving expenses described in paragraphs (A)(5)(h) to (A)(5)(j) of this rule.

(a) Commercial move - moves performed by a professional mover.

(b) Self-move - moves that may be performed by the displaced person in one or a combination of the following methods:

(i) Fixed residential moving cost schedule. (described in paragraph (B) of this rule)

(ii) Based on the lower of two bids or estimates provided by a commercial mover, less sales tax. At the agency's discretion, payment for a low cost or uncomplicated move may be based on a single bid or estimate.

(iii) (iii) Move cost finding estimate prepared by a qualified relocation agent.

(iv) Actual cost move. Supported by receipted bills for labor and equipment. Hourly labor rates should not exceed the cost paid by a commercial mover. Equipment rental fees should be based on the actual cost of renting the equipment but not exceed the cost paid by a commercial mover.

(3) Moves from a business, farm or nonprofit organization.

Personal property as determined by an inventory from a business, farm or nonprofit organization may be moved by one or a combination of the following methods: Eligible expenses for moves from a business, farm or nonprofit organization include those expenses described in paragraphs (A)(5)(a) to (A)(5)(g) of this rule, paragraphs (A)(5)(k) to (A)(5)(r) of this rule, and paragraph (C) of this rule.

(a) Commercial move. Based on the lower of two bids or estimates prepared by a commercial mover. At the agency's discretion, payment for a low cost or uncomplicated move may be based on a single bid or estimate.

(b) Self-move. A self-move payment may be based on one or a combination of the following:

(i) The lower of two bids or estimates prepared by a commercial mover or qualified agency staff person. At the agency's discretion, payment for a low cost or uncomplicated move may be based on a single bid or estimate; or

(ii) Supported by receipted bills for labor and equipment. Hourly labor rates should not exceed the rates paid by a commercial mover to employees performing the same activity and, equipment rental fees should be based on the actual rental cost of the equipment but not to exceed the cost paid by a commercial mover.

(4) Personal property only. Eligible expenses for a person who is required to move personal property from real property but is not required to move from a dwelling (including a mobile home), business, farm or nonprofit organization include those expenses described in paragraphs (A)(5)(a) to (A)(5)(g) of this rule and paragraph (A)(5)(r) of this rule.

(5) Eligible actual moving expenses.

(a) Transportation of the displaced person and personal property. Transportation costs for a distance beyond fifty miles are not eligible, unless the agency determines that relocation beyond fifty miles is justified.

(b) Packing, crating, unpacking, and uncrating of the personal property.

(c) Disconnecting, dismantling, removing, reassembling, and reinstalling relocated household appliances and other personal property. For businesses, farms or nonprofit organizations this includes machinery, equipment, substitute personal property, and connections to utilities available within the building; it also includes modifications to the personal property, including those mandated by federal, state or local law, code or ordinance, necessary to adapt it to the replacement structure, the replacement site, or the utilities at the replacement site, and modifications necessary to adapt the utilities at the replacement site to the personal property.

(d) Storage of the personal property for a period not to exceed twelve months, unless the agency determines that a longer period is necessary.

(e) Insurance for the replacement value of the property in connection with the move and necessary storage.

(f) The replacement value of property lost, stolen, or damaged in the process of moving (not through the fault or negligence of the displaced person, his or her agent, or employee) where insurance covering such loss, theft, or damage is not reasonably available.

(g) Other moving-related expenses that are not listed as ineligible under paragraph (A)(6) of this rule, as the agency determines to be reasonable and necessary.

(h) The reasonable cost of disassembling, moving, and reassembling any appurtenances attached to a mobile home, such as porches, decks, skirting, and awnings, which were not acquired, anchoring of the unit, and utility "hookup" charges.

(i) The reasonable cost of repairs and/or modifications so that a mobile home can be moved and/or made decent, safe, and sanitary.

(j) The cost of a nonrefundable mobile home park entrance fee, to the extent it does not exceed the fee at a comparable mobile home park, if the person is displaced from a mobile home park or the agency determines that payment of the fee is necessary to effect relocation.

(k) Any license, permit, fees or certification required of the displaced person at the replacement location. However, the payment may be based on the remaining useful life of the existing license, permit, fees or certification.

(l) Professional services as the agency determines to be actual, reasonable and necessary for:

(i) Planning the move of the personal property;

(ii) Moving the personal property; and

(iii) Installing the relocated personal property at the replacement location.

(m) Re-lettering signs and replacing stationery on hand at the time of displacement that are made obsolete as a result of the move.

(n) Actual direct loss of tangible personal property incurred as a result of moving or discontinuing the business or farm operation. The payment shall consist of the lesser of:

(i) The fair market value in place of the item, as is for continued use, less the proceeds from its sale. (To be eligible for payment, the claimant must make a good faith effort to sell the personal property, unless the agency determines that such effort is not necessary. When payment for property loss is claimed for goods held for sale, the market value shall be based on the cost of the goods to the business, not the potential selling prices.); or

(ii) The estimated cost of moving the item as is, but not including any allowance for storage; or for reconnecting a piece of equipment if the equipment is in storage or not being used at the acquired site. If the business or farm operation is discontinued, the estimated cost of moving the item shall be based on a moving distance of fifty miles.

(o) The reasonable cost incurred in attempting to sell an item that is not to be relocated.

(p) Purchase of substitute personal property.

If an item of personal property, which is used as part of a business or farm operation is not moved but is promptly replaced with a substitute item that performs a comparable function at the replacement site, the displaced person is entitled to payment of the lesser of:

(i) The cost of the substitute item, including installation costs of the replacement site, minus any proceeds from the sale or trade-in of the replaced item; or

(ii) The estimated cost of moving and reinstalling the replaced item but with no allowance for storage. At the agency's discretion, the estimated cost for a low cost or uncomplicated move may be based on a single bid or estimate.

(q) Searching for a replacement location. A business or farm operation is entitled to reimbursement for actual expenses, not to exceed five thousand dollars, as the agency determines to be reasonable, which are incurred in searching for a replacement location, including:

(i) Transportation;

(ii) Meals and lodging away from home;

(iii) Time spent searching, based on reasonable salary or earnings;

(iv) Fees paid to a real estate agent or broker to locate a replacement site, exclusive of any fees or commissions related to the purchase of such sites;

(v) Time spent in obtaining permits and attending zoning hearings; and

(vi) Time spent negotiating the purchase of a replacement site based on a reasonable salary or earnings.

(r) Low value/high bulk. When the personal property to be moved is of low value and high bulk, and the cost of moving the property would be disproportionate to its value in the judgment of the displacing agency, the allowable moving cost payment shall not exceed the lesser of: The amount which would be received if the property were sold at the site or the replacement cost of a comparable quantity delivered to the new business location. Examples of personal property covered by this provision include, but are not limited to, stockpiled sand, gravel, minerals, metals and other similar items of personal property as determined by the agency.

(6) Ineligible moving and related expenses. A displaced person is not entitled to payment for:

(a) The cost of moving any structure or other real property improvement in which the displaced person reserved ownership. (However, this part does not preclude the computation under paragraph (A)(3)(b) of rule 5501:2-5-04 of the Administrative Code);

(b) Interest on a loan to cover moving expenses;

(d) Loss of profits, except for payments for economic loss authorized under section 163.15 of the Revised Code;

(e) Loss of trained employees;

(f) Any additional operating expenses of a business or farm operation incurred because of operating in a new location except as provided in paragraph (D)(1) of this rule;

(g) Personal injury;

(h) Any legal fee or other cost for preparing a claim for a relocation payment or for representing the claimant before the agency;

(i) Expenses for searching for a replacement dwelling;

(j) Physical changes to the real property at the replacement location of a business or farm operation except as provided in paragraphs (A)(5)(c) and (D)(1) of this rule;

(k) Costs for storage of personal property on real property already owned or leased by the displaced person, and

(l) Refundable security and utility deposits.

(7) Notification and inspection (nonresidential). The agency shall inform the displaced person, in writing, of the requirements of this section as soon as possible after the initiation of negotiations. This information may be included in the relocation information provided the displaced person as set forth in paragraph (C) of rule 5501:2-5-02 of the Administrative Code. To be eligible for payments under this section the displaced person must:

(a) Provide the agency reasonable advance notice of the approximate date of the start of the move or disposition of the personal property and an inventory of the items to be moved. However, the agency may waive this notice requirement after documenting its file accordingly.

(b) Permit the agency to make reasonable and timely inspections of the personal property at both the displacement and replacement sites and to monitor the move.

(8) Transfer of ownership (nonresidential). Upon request and in accordance with applicable law, the claimant shall transfer to the agency ownership of any personal property that has not been moved, sold, or traded in.

(B) Fixed payment for moving expenses-residential moves. Any person displaced from a dwelling or a seasonal residence or a dormitory style room is entitled to receive a fixed moving cost payment as an alternative to a payment for actual moving and related expenses under paragraph (A) of this rule. This payment shall be determined according to the fixed residential moving cost schedule approved by the federal highway administration and published in the federal register on a periodic basis. The payment to a person with minimal personal possessions who is in occupancy of a dormitory style room or a person whose residential move is performed by an agency at no cost to the person shall be limited to the amount stated in the most recent edition of the fixed residential moving cost schedule.

(C) Related nonresidential eligible expenses. The following expenses, in addition to those provided by paragraph (A) of this rule for moving personal property, shall be provided if the agency determines that they are actual, reasonable and necessary:

(1) Connection to available nearby utilities from the property line to improvements at the replacement site.

(2) Professional services performed prior to the purchase or lease of a replacement site to determine its suitability for the displaced person's business operation including but not limited to, soil testing, feasibility and marketing studies (excluding any fees or commissions directly related to the purchase or lease of such site). At the discretion of the agency a reasonable pre-approved hourly rate may be established.

(3) Impact fees or one-time assessments for anticipated heavy utility usage, as determined necessary by the agency.

(D) Reestablishment expenses-nonresidential moves. In addition to the payments available under paragraphs (A) and (C) of this rule, a small business, as defined in paragraph (B)(26) of rule 5501:2-5-01 of the Administrative Code, farm or nonprofit organization is entitled to receive a payment, not to exceed thirty-three thousand two hundred dollars, for expenses actually incurred in relocating and reestablishing such small business, farm or nonprofit organization at a replacement site.

(1) Eligible expenses. Re-establishment expenses must be reasonable and necessary, as determined by the agency. They include, but are not limited to, the following:

(a) Repairs or improvements to the replacement real property as required by federal, state or local law, code or ordinance.

(b) Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business.

(d) Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling, or carpeting.

(e) Advertisement of replacement location.

(f) Estimated increased costs of operation during the first two years at the replacement site for such items as:

(i) Lease or rental charges;

(ii) Personal or real property taxes;

(iii) Insurance premiums; and

(iv) Utility charges, excluding impact fees.

(g) Other items that the agency considers essential to the reestablishment of the business.

(2) Ineligible expenses. The following is a nonexclusive listing of reestablishment expenditures not considered to be reasonable, necessary, or otherwise eligible:

(a) Purchase of capital assets, such as, office furniture, filing cabinets, machinery, or trade fixtures.

(b) Purchase of manufacturing materials, production supplies, product inventory, or other items used in the normal course of the business operation.

(d) Payment to a part-time business in the home which does not contribute materially (defined in paragraph (B)(7) of rule 5501:2-5-01 of the Administrative Code) to the household income.

(E) Fixed payment for moving expenses - nonresidential moves.

(1) Business. A displaced business may be eligible to choose a fixed payment in lieu of the payments for actual moving and related expenses, and actual reasonable re-establishment expenses provided by paragraphs (A), (C) and (D) of this rule. Such fixed payment, except for payment to a nonprofit organization, shall equal the average annual net earnings of the business, as computed in accordance with paragraph (E)(5) of this rule, but not less than one thousand dollars nor more than fifty-three thousand two hundred dollars. The displaced business is eligible for the payment if the agency determines that:

(a) The business owns or rents personal property which must be moved in connection with such displacement and for which an expense would be incurred in such move and, the business vacates or relocates from its displacement site;

(b) The business cannot be relocated without a substantial loss of its existing patronage (clientele or net earnings). A business is assumed to meet this test unless the agency determines that it will not suffer a substantial loss of its existing patronage;

(c) The business is not part of a commercial enterprise having more than three other entities which are not being acquired by the agency, and which are under the same ownership and engaged in the same or similar business activities.

(d) The business is not operated at a displacement dwelling solely for the purpose of renting such dwelling to others;

(e) The business is not operated at the displacement site solely for the purpose of renting the site to others; and

(f) The business contributed materially to the income of the displaced person during the two taxable years prior to displacement. (see paragraph (B)(7) of rule 5501:2-5-01 of the Administrative Code)

(2) Determining the number of businesses. In determining whether two or more displaced legal entities constitute a single business, which is entitled to only one fixed payment, all pertinent factors shall be considered, including the extent to which:

(a) The same premises and equipment are shared;

(b) Substantially identical or interrelated business functions are carried out and business and financial affairs are commingled;

(d) The same person or closely related persons own, control, or manage the affairs of the entities.

(3) Farm operation. A displaced farm operation (defined in paragraph (B)(13) of rule 5501:2-5-01 of the Administrative Code) may choose a fixed payment, in lieu of the payments for actual moving and related expenses and actual reasonable re-establishment expenses, in an amount equal to its average annual net earnings as computed in accordance with paragraph (E)(5) of this rule, but not less than one thousand dollars nor more than fifty-three thousand two hundred dollars. In the case of a partial acquisition of land, which was a farm operation before the acquisition, the fixed payment shall be made only if the agency determines that:

(a) The acquisition of part of the land caused the operator to be displaced from the farm operation on the remaining land; or

(b) The partial acquisition caused a substantial change in the nature of the farm operation.

(4) Nonprofit organization. A displaced nonprofit organization may choose a fixed payment of one thousand dollars to fifty-three thousand two hundred dollars, in lieu of the payments for actual moving and related expenses and actual reasonable re-establishment expenses, if the agency determines that it cannot be relocated without a substantial loss of existing patronage (membership or clientele). A nonprofit organization is assumed to meet this test, unless the agency demonstrates otherwise. Any payment in excess of one thousand dollars must be supported with financial statements for the two twelve- month periods prior to the acquisition. The amount to be used for the payment is the average of two years annual gross revenues less administrative expenses.

(5) Average annual net earnings of a business or farm operation. The average annual net earnings of a business or farm operation are one-half of its net earnings before federal, state, and local income taxes during the two taxable years immediately prior to the taxable year in which it was displaced. If the business or farm was not in operation for the full two taxable years prior to displacement, net earnings shall be based on the actual period of operation at the displacement site during the two taxable years prior to displacement, projected to an annual rate. Average annual net earnings may be based upon a different period of time when the agency determines it to be more equitable. Net earnings include any compensation obtained from the business or farm operation by its owner, the owner's spouse, and dependents. The displaced person shall furnish the agency proof of net earnings through income tax returns, certified financial statements, or other reasonable evidence, which the agency determines is satisfactory.

(F) Discretionary utility relocation payments.

(1) Whenever a program or project undertaken by a displacing Agency causes the relocation of a utility facility (see paragraph (B)(32) of rule 5501:2-5-01 of the Administrative Code) and the relocation of the facility creates extraordinary expenses for its owner, the displacing agency may, at its option, make a relocation payment to the owner for all or part of such expenses, if the following criteria are met:

(a) The utility facility legally occupies state or local government property, or property over which the state or local government has an easement or right-of-way;

(b) The utility facility's right of occupancy thereon is pursuant to State law or local ordinance specifically authorizing such use, or where such use and occupancy has been granted through a franchise, use and occupancy permit, or other similar agreement;

(c) Relocation of the utility facility is required by and is incidental to the primary purpose of the project or program undertaken by the displacing agency;

(2) For the purposes of this paragraph, the term extraordinary expenses means those expenses which, in the opinion of the displacing agency, are not routine or predictable expenses relating to the utility's occupancy of rights-of-way, and are not ordinarily budgeted as operating expenses, unless the owner of the utility facility has explicitly and knowingly agreed to bear such expenses as a condition for use of the property, or has voluntarily agreed to be responsible for such expenses.

(3) A relocation payment to a utility facility owner for moving costs under this section may not exceed the cost to functionally restore the service disrupted by the federally-assisted program or project, less any increase in value of the new facility and salvage value of the old facility. The displacing agency and the utility facility owner shall reach prior agreement on the nature of the utility relocation work to be accomplished, the eligibility of the work for reimbursement, the responsibilities for financing and accomplishing the work, and the method of accumulating costs and making payment.

(4) The Ohio department of transportation shall reimburse a utility facility owner for relocation costs necessitated by the construction of a highway project only in the event that the utility can present evidence satisfactory to the state that the utility has a fee interest, easement interest, or other real property estate in the real property it occupies, which vested in the utility prior to the state acquiring its interest therein. The utility shall present evidence satisfactory to the state substantiating the cost of relocation. The director may audit all financial records which the director determines necessary to verify such actual costs.

(a) As used in this section:

(i) "Utility" includes publicly, privately, and cooperatively owned utilities that are subject to authority of the public utilities commission of Ohio.

(ii) "Cost of relocation" includes the actual cost paid by a utility directly attributable to relocation after deducting any increase in the value of the new facility and any salvage value derived from the old facility.

Last updated March 29, 2025 at 7:17 PM

History

Effective: March 27, 2025
Promulgated Under: 111.15

Chapter 5501:2-6 Specific Service Sign Program

Ohio Adm.Code 5501:2-6-01 Definitions.

(A) "Agreement" means an agreement or contract between the program manager and each entity participating in the "Tourist-Oriented Directional" sign program, the "Business Logo" sign program, or the "Traffic Generator Sign" program.

(B) "Alternative fuel" means a vehicle fuel other than gasoline or diesel, i.e., liquid propane gas, compressed natural gas, electric or other fuel that may become available in the future.

(C) "Commercial activity" means a farm market, winery, a bed and breakfast, lodging that is not a franchise or part of a national chain, antiques shop, craft store, or gift store.

(D) "Contracted Program manager" means a private person or business, selected by the director to manage a sign program(s) for the department.

(E) "Convention center" means a building(s) that hosts conventions, industrial shows, and the like.

(F) "Director" means the director of the Ohio department of transportation or his designee.

(G) "Department" means the Ohio department of transportation.

(H) "Expressway" means a divided highway with partial control of access.

(I) "Fee" means the amount of money assessed for participation in the program.

(J) "Freeway" means a divided highway with full control of access.

(K) "Immediate area" means within ten miles of the tourist-oriented activity.

(L) "Interchange" means a system of interconnecting roadways in conjunction with one or more grade separations that provides for the movement of traffic between two or more roadways or highways on different levels.

(M) "Interstate system" has the same meaning as in section 5516.01 of the Revised Code.

(N) "Intersection" means the intersection of a state or United States highway and any other dedicated public highway as found in section 4511.01 of the Revised Code.

(O) "Legend message" means a word providing the name of a business.

(P) "Logo sign panel" means a reflectorized sign mounted on the specific service sign showing the trademark logo, non-trademark logo, legend message or combination thereof for a motorist service available on a crossroad at or near an interchange.

(Q) "Modern sanitary facilities" in addition to the definition of a sanitary facility, may also include baby care and related facilities and should be provided for persons with a disability, as well as the elderly and people with babies or young children.

(R) "Motorist services" means gas, food, lodging, camping or attraction services.

(S) "Non-trademark logo" means a business logo that is not registered as a trademark with the appropriate U.S. governmental agency.

(T) "Right -of -way permit" means a permit issued by the director, or his designee, to the program manager to occupy the highway right -of -way in or on the approaches to an intersection.

(U) "Rural areas" means any areas not meeting the definition of an urban area.

(V) "Sanitary facility" means a designated area for use by the general public that includes a toilet and sink and may include a urinal and/or shower.

(W) "Shopping center" means a complex of retail establishments offering goods and/or services for sale to the public.

(X) "Specific service sign" means a guide sign that provides road users with business identification and directional information for services and for eligible attractions.

(Y) "Tourist-oriented activity" means any lawful cultural, historical, recreational, educational, or commercial activity a major portion of whose income or visitors are derived during the normal business season from motorists not residing in the immediate area of the activity and attendance at which is no less than two thousand in any consecutive twelve-month period.

(Z) "Tourist-oriented directional signs" means signs advertising a tourist-oriented activity available within ten miles and meeting the additional criteria within this chapter.

(AA) "Trademark logo" means a business logo that is registered as a trademark with the appropriate U.S. governmental agency.

(BB) "Traffic generator sign" means a sign that directs the traveling public to a private or public facility that generates a minimum volume of traffic on a routine basis as determined by the department.

(CC) "Trailblazing signs" means signs that are installed on the road leading away from an intersection directing to any business/activity/attraction that is not visible from this road.

(DD) "Urban area" means an area having a population of fifty thousand or more according to the most recent federal census and designated as such on federal aid urban area maps prepared by the department.

Last updated March 25, 2024 at 8:34 AM

History

Effective: March 24, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-6-02 Program manager.

(A) The director of the department hereby establishes a business logo sign program, a tourist-oriented directional sign program and a traffic generator sign program.

(B) If the director of the department decides to operate, maintain, and/or market the business logo sign program, the tourist-oriented directional sign program or the traffic generator sign program through a private person or entity, the methodology for selection will be based on criteria established by the director through an open request for proposal process. When issued, the request for proposal will be open for response for thirty days. In awarding the contract, the director will consider the skill, expertise, prior experience, and other qualifications of each applicant. Any such contract executed will be for such initial and renewal terms as the director determines appropriate.

(1) Marketing the program.

(2) Determining eligibility to participate in the program.

(3) Collecting all fees associated with the program from participating businesses.

(4) Paying all expenses for the program.

(5) Contacting utility companies (including the department) for possible conflicts.

(6) Developing, subject to the approval of the director, all applications for the program to include all necessary information as the director needs to ensure eligibility.

(7) Developing, subject to the approval of the director, all forms, applications, agreements, and other documents necessary for carrying out the program. The right-of-way permit is excluded from this provision as it is an existing document utilized by the department.

(8) Establishing, subject to the approval of the director, an application procedure for interested applicants.

(9) Covering or otherwise obscuring seasonal tourist-oriented directional signs during off-seasons.

(10) Determining circumstances as to when the posting of hours of operation are appropriate for tourist-oriented attractions.

(D) The department or the contracted program manager shall enter into agreements with the participating entities based on fees established by rules adopted through Chapter 119. of the Revised Code.

(E) Any program manager contracted may allow for a reasonable profit to be earned for carrying out a sign program.

(F) Any contract entered into between the department and the program manager shall require the contracted program manager to abide by all rules promulgated by the department for the operation of the applicable sign program.

(G) Any contracted program manager shall document and maintain records of all businesses who participate in and who are contacted regarding the participation in the program and provide copies of all records to the department upon request at no charge.

(H) All actions taken by a contracted program manager are subject to the approval of the director.

(I) At three-year intervals, the department or the contracted program manager shall verify that the entity for which a program sign is installed, remains in compliance with all appropriate rules, regulations, agreements, laws, and any other requirements and furnish a written certification of this fact to the director.

Last updated January 2, 2024 at 2:05 PM

History

Effective: April 13, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-6-03 Interchange eligibility.

(A) No tourist-oriented directions signs or trailblazer markers shall be placed at interchanges on state system expressways and freeways but may be placed within the rights-of-way of those portions of rural state highways that are not on the interstate system and at at-grade intersections on expressways.

(1) If the intersection crossroad is not a rural state highway, the program manager will notify the appropriate governmental authority that tourist-oriented directional signs will be erected directing traffic across their roadway facility. If trailblazing signs are required, the program manager shall obtain consent legislation or written permission from the appropriate local legislative body. The form, content and any modifications or special clauses to the consent legislation shall have the prior approval of the director and will not be considered binding without such approval.

(2) If trailblazing signs are required for a tourist-oriented activity and permission for erecting trailblazing signs cannot be obtained from the appropriate local authorities having jurisdiction, that particular activity will not be eligible for tourist-oriented directional signs at that intersection.

(B) All other location eligibility, criteria, sign requirements, and sign specifications will be determined by the director based upon the manual of uniform traffic control devices, the department traffic engineering manual and sound engineering practices.

Last updated January 2, 2024 at 2:05 PM

History

Effective: April 13, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-6-04 Program eligibility.

(A) Only those businesses located in Ohio that provide gas, food, lodging, camping or attraction, are open to the general motoring public, are not operated on a "reservation only," "membership only," or "appointment only" basis, and meet the following additional criteria may be considered for the business logo sign program:

(1) To qualify for a gas logo sign panel, a business shall:

(a) Be located within five miles driving distance of the nearest ramp terminus.

(b) Provide vehicle services to include gas, and/or alternative fuel, oil and water.

(d) Have modern sanitary facilities and drinking water.

(2) To qualify for a food logo sign panel, a business shall:

(a) Be located within five miles driving distance of the nearest ramp terminus.

(b) Have all required licensing or approval.

(d) Provide modern sanitary facilities unless the business operates as a drive-thru, take-out, or carry-out only.

(3) To qualify for a lodging logo sign panel, a business shall:

(a) Be located within five miles driving distance of the nearest ramp terminus.

(b) Have all required licensing or approval.

(d) Provide modern sanitary facilities.

(4) To qualify for a camping logo sign panel, a business shall:

(a) Be located within fifteen miles driving distance of the nearest ramp terminus.

(b) Have all required licensing or approval.

(d) Provide modern sanitary facilities and drinking water.

(5) To qualify for an attraction logo sign panel, a business shall:

(a) Be located within five miles driving distance of the nearest ramp terminus for an attraction located in an urban area or within fifteen miles driving distance of the nearest ramp terminus for an attraction located in rural areas.

(b) Have as its primary purpose the provision of amusement, historical, cultural, or leisure activities for the public.

(d) Provide adequate parking accommodations.

(e) If a convention center, have the overall meeting room capacity to accommodate at least one-thousand persons.

(f) If a shopping center, have a minimum of four hundred thousand square feet of gross usable floor space under roof.

(6) To qualify for an electric vehicle (EV) charging logo sign panel, a business shall:

(a) Meet the criteria for direct current fast chargers (DCFC) provided in 23 CFR 680.106 as amended.

(b) Be in continuous operation at least sixteen hours per day, seven days a week.

(7) A supplemental message indicating that a gas, food, lodging, camping, or attraction business offers EV charging may be added to the sign panel as long as the business:

(a) Offers EV charging to the general public without purchasing the primary service (gas, food, lodging, camping, or attraction); and

(b) For service categories of gas, food, and attraction, provides EV chargers meeting the criteria for DCFCs provided in 23 CFR 680.106 as amended; or

(c) For the service categories of camping and lodging, provides EV chargers meeting the criteria for DCFCs provided in 23 CFR 680.106 as amended and/or AC level 2 charging.

(B) Only those tourist-oriented activities located in Ohio that meet the following criteria may be considered for the tourist-oriented directional signing program:

(1) Be open to the general motoring public, and not operated on a "reservation only", "membership only", or "appointment only" basis, throughout the normal business season for that particular type of tourist-oriented activity.

(2) Is not eligible at that intersection for inclusion in the business logo sign program established under section 4511.101 of the Revised Code.

(3) Is located within ten miles of the highway for which signing is sought.

(4) If the tourist-oriented activity offers food the following additional criteria apply:

(a) Not be a franchise or part of a national chain.

(b) Be of historical significance or offer a menu or foods concentrated on, and representative of, a specific cultural or ethnic population that has a significant presence in, and is uniquely identified with, the region in which the activity is located.

(d) Have all required licensing or approval.

(5) If the tourist-oriented activity offers lodging the following additional criteria apply:

Have all required licensing or approval.

(6) If the tourist-oriented activity offers camping the following additional criteria apply:

(a) Have all required licensing or approval.

(b) Provide adequate parking accommodations.

(C) Only those businesses located in Ohio that are open to the general motoring public, are not operated on a "reservation only," "membership only," or "appointment only" basis, and meet the additional criteria found in the department traffic engineering manual may be considered for the traffic generator sign program.

(D) Those wishing to participate in any of the department's signing programs shall apply for the program on a form provided by the department or its contracted program manager. If the application is complete and all criteria met, the applicant will be notified of such acceptance in writing. Upon receipt of the notice the applicant shall forward to the department or the program manager the applicable fee and execute an agreement with the department or the program manager.

(E) An agreement executed under paragraph (D) of this rule is valid until the business, attraction, or activity ceases to operate, is canceled at the request of the business, attraction, or activity or for failure to comply with the applicable rules and statute.

(F) Before participating in any signing program, any existing illegal signs pertaining to that business, attraction or activity shall be removed.

(G) If a business, attraction, or activity for which a sign is in place is sold, the new owner(s) shall complete a program application. If the business, attraction, or activity continues to meet all criteria the existing sign may remain in place, or a new sign may be installed if the name, logo, or symbol changes.

(H) An attraction that would otherwise be eligible to participate in the business logo sign program at a particular interchange shall not have their logo displayed at that interchange if state provided directional signs for that attraction are in place at that interchange. Attractions wishing to participate in the business logo sign program or tourist-oriented directional sign program at a particular interchange may request removal of state provided directional signs for that attraction.

(I) The director may make any reasonable variances as to the listed eligibility criteria.

(J) If any business, attraction, or activity for which a sign is in place withdraws from the program, the sign shall be removed, and any prepaid fees may be refunded on a pro-rated basis. Upon request, the sign shall be given to the business, attraction, or activity.

(K) The director, when having reasonable cause to believe that a business, attraction, or activity for which an agreement is in effect has ceased to be such a business, attraction, or activity, shall immediately and without conducting an adjudication, issue an order canceling the agreement and forward notice of the cancellation in writing to the operator of the business, attraction, or activity together with information that the cancellation may be appealed in accordance with Chapter 119. of the Revised Code. If no appeal is entered within the time period specified in that section, or if an appeal is entered but cancellation of the agreement is subsequently affirmed, the director shall order the removal of the signs relating to said business, attraction, or activity.

(L) If there is reasonable belief by the director or the contracted program manager that any business, attraction, or activity is non-compliant with any eligibility requirements of the sign program, the business, attraction, or activity shall be notified in writing of the alleged non-compliance and have twenty-one days from the date the notice is sent to get into compliance. Any business, attraction, or activity that remains in non-compliance after twenty-one days will then be notified by the director, in writing, that the agreement is being canceled. The notice shall notify the business, attraction, or activity that the cancellation may be appealed in accordance with Chapter 119. of the Revised Code. If no appeal is entered within the time period specified in that section, or if an appeal is entered but cancellation of the agreement is subsequently affirmed, the director shall order the removal of the signs relating to said business, attraction, or activity.

Last updated March 25, 2024 at 8:34 AM

History

Effective: March 24, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-6-05 Fee schedule.

(A) The fee schedule for participation in the business logo sign program, the tourist-oriented directional sign program and the traffic generator sign program shall be based on all direct and indirect costs of the program and may include but is not limited to the actual cost of establishing, operating, and administering the program, including processing applications for right-of-way permits and providing necessary services for designing, maintaining, repairing, removing, replacing, and relocating signs, off-season covering, and all materials and may also be reflective of the average daily traffic count. Any money collected in excess of the direct and indirect costs of the program and any reasonable profit earned by a program manager shall be remitted to the department.

(B) The annual fee for participation in the business logo sign program is established as follows:

Average Daily Traffic (ADT)	0 to 19,999	20,000 to 49,999	50,000 to 99,999	100,000 and above
Mainline Sign and Ramp Sign per Direction (Total annual cost to display one mainline and one ramp logo panel)	$975	$1,150	$1,325	$1,500

(C) The annual fee for participation in the tourist-oriented directional sign program and the traffic generator sign program shall be established and made publicly available by the department.

(D) Additional fees may be assessed for the fabrication and installation of the signs, for any logo or symbol, for any trailblazing signs, and for any alternate headers on tourist-oriented directional signs.

Last updated April 13, 2023 at 8:42 AM

History

Effective: April 13, 2023
Promulgated Under: 119.03

Chapter 5501:2-7 Incentive/Disincentive Contract

Ohio Adm.Code 5501:2-7-01 Definitions.

(A) Incentive/disincentive clause - is a contract provision which compensates the contractor a fixed amount of money for each day or fraction thereof identified critical work is completed ahead of schedule and assesses a deduction for each day or fraction thereof the contractor overruns the time allotted for the completion of identified critical work.

(B) Contract time - is the total time established for the completion of all contract work.

(C) Incentive/disincentive time - is the time established for the completion of all identified critical work. The incentive/disincentive time and contract time may be the same when traffic impact exists for the full duration of the project. The incentive/disincentive time may be for a shorter period of time than the contract time when traffic is impacted only during a certain operation, phase or phases of the work.

(D) Incentive/disincentive amount - is the fixed amount of money paid to the contractor for each day or fraction thereof identified critical work is completed ahead of schedule and the amount of money deducted from the contract price for each day or fraction thereof the contractor overruns the time allotted for the completion of identified critical work.

(E) Liquidated damages - is the daily amount of money established in the contract to be deducted from the contract price for additional costs, other than the disincentive daily amount, incurred by the department due to the contractor's failure to complete all contract work on time. The contract provision shall specify the applicable time unit of measurement for the incentive/disincentive.

Last updated March 24, 2023 at 1:11 PM

History

Effective: March 29, 2018
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-7-02 Determination of incentive/disincentive time.

Prior to including incentive/disincentive provisions in a contract, the director shall conduct an engineering analysis in order to determine realistic critical and non-critical time frames. The time frames, including critically identified work phase, shall be clearly set out in the construction contract. The analysis should involve a review of industry past performance and a critical path method schedule.

Last updated March 24, 2023 at 1:12 PM

History

Effective: March 29, 2018
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-7-03 Determination of incentive/disincentive daily amount.

Prior to including incentive/disincentive provisions in a contract the director shall calculate on a per project basis a daily or fraction thereof incentive/disincentive amount considering: construction engineering inspection costs, departmental traffic control costs and maintenance, detour and road user costs. The incentive rate may equal the disincentive rate.

Last updated March 24, 2023 at 1:12 PM

History

Effective: March 29, 2018
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-7-04 Maximum incentive/disincentive amount.

The director shall not pay more than five per cent of the total contract amount in incentive payments unless he/she determines that the work is so critical that a higher percentage is warranted. There shall be no cap placed upon the accruing disincentive amount unless expressly authorized by the director.

Last updated March 24, 2023 at 1:12 PM

History

Effective: March 29, 2018
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-7-05 Prebid conference.

When the director elects to include incentive/disincentive provisions in a contract, he/she may hold a prebid conference for prospective bidders and suppliers in order to advise the participants of the incentive/disincentive provisions.

Last updated March 24, 2023 at 1:12 PM

History

Effective: March 29, 2018
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-7-06 Contract administration.

In addition to the standard contract administration practices performed by the department, the director will ensure the following:

(A) That the contractor provides an acceptable conventional critical path method schedule prior to the commencement of work. The critical path method schedule will break down the project into the separate operations or processes necessary for its completion. These separate operations will determine, through a network analysis, a completion time for both the critical phase or phases and the project. The schedule will be used for coordination and monitoring of all work under the contract, including all activity of subcontractors, vendors and suppliers, and will be the basic document to gauge and analyze the contractor's progress, determine time adjustments and evaluate claims.

(B) That departmental review times for matters pertaining to the incentive/disincentive phases be included in each incentive/disincentive contract. Further, by specific delegation, he will provide the contractor with expeditious decisions on all other incentive/disincentive matters.

(C) That no extensions of time be granted, for delays in material deliveries unless such delays are industry wide, for labor strikes unless such strikes are area wide and for inclement weather unless the inclement weather is demonstrated to reduce production by more than fifty per cent on an identified critical path item of critical work on the approved schedule. Extensions of time for incentive/disincentive phases of work may be granted for increases in bid item quantities which exceed the limits set out in section 5525.14 of the Revised Code and for work not originally contemplated by the contract, provided controlling items of work on the approved schedule are affected and every effort has been made by the department and the contractor to absorb the additional work into the original incentive/disincentive contract schedules. Incentive/disincentive clauses measured in hours will be extended by equal hours of impact time.

(D) That the contractor evaluates forecasted weather prior to beginning weather sensitive work for incentive/disincentive clauses measured in hours and the department concurs with the contractor's proposed starting time for incentive/disincentive clauses measured in hours.

Last updated May 1, 2023 at 2:43 PM

History

Effective: May 1, 2023
Promulgated Under: 119.03

Chapter 5501:2-10 Traffic Fines in Construction Zone

Ohio Adm.Code 5501:2-10-01 Definitions.

(A) Agency: Any of the following;

(1) The Ohio department of transportation

(2) Board of county commissioners of any Ohio county (may act through the office of the county engineer).

(3) Board of township trustees of any Ohio township (may act through the office of the county engineer or the township road supervisor).

(B) Construction zone (from section 4511.98 of the Revised Code) - That lane or portion of street or highway open to vehicular traffic and adjacent to a lane, berm, or shoulder of a street or highway within which lane, berm, or shoulder construction, reconstruction, resurfacing, or any other work of a repair or maintenance nature, including public utility work, is being conducted, commencing with the point where the first worker or piece of equipment is located and ending where the last worker or piece of equipment is located.

(C) Work length -The length of roadway directly and indirectly affected by construction activities including the transition area (where redirection of the driver's normal path occurs) the activity area (which includes the construction zone and any buffers) and the termination area (where traffic is returned to its normal path), but not including the advance warning sign area.

Last updated March 24, 2023 at 1:12 PM

History

Effective: May 1, 1995
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-10-02 Posting of signs advising that penalties are increased within construction zones.

(A) The state department of transportation, county commissioners or board of township trustees (agencies) shall authorize the posting of signs indicating that traffic fines are doubled for speeding within selected construction zones under their respective jurisdictions, and that penalties for killing or injuring any person within those construction zones are increased. This provision shall apply in any construction zone on a multi-lane divided highway where the work is expected to last thirty days or more, if the planned work length is at least one-half mile long, and if the construction zone is stationary. The signs may be erected in any other construction zone at the discretion of the director of transportation. Signs may be erected for construction zones located on other highways meeting the foregoing requirements if required by the agency's procedures adopted under paragraph (C) of this rule or at the discretion of the director of transportation.

(B) The signs, sign location, and mounting shall be in accordance with the following:

(1) The sign posted shall be designed by the director of transportation in accordance with the manual of uniform traffic control devices adopted under section 4511.09 of the Revised Code. The signs should be mounted on both sides (dual) of a directional roadway of a divided highway, but need only be mounted on the right side of an undivided roadway or ramp.

(2) The first sign(s) shall be placed between the "road work ahead" sign or other similar warning sign and the next sign in the sequence. Additional signs are required for long construction zones or where ramps or through streets junction within the construction project work limits. Signs shall be erected on each entrance ramp, near intersections of through roads to advise entering or turning traffic, and at least once every two miles through the construction work limits.

(3) The signs shall be furnished, erected, maintained in good condition and/or replaced as necessary and subsequently removed by the entity which erects the traffic controls within the project. Signs shall be mounted at the appropriate offsets and elevations as prescribed by the manual of uniform traffic control devices adopted under section 4511.09 of the Revised Code. They shall be mounted on supports meeting current safety criteria.

(4) Where construction activity affects only one directional roadway of a divided highway with a barrier or wide median, signs shall not be erected for traffic on the opposing directional roadway or ramp.

(5) Signs shall be covered or removed when a construction zone is discontinued for a period of thirty days or more. Additionally the agency may require signs to be covered or removed for a specific shorter period.

(C) Each agency shall adopt procedures pertaining to requiring a contractor, work crew or utility to erect, maintain and remove signs, in conformance with the foregoing.

Last updated August 15, 2024 at 10:17 AM

History

Effective: August 15, 2024
Promulgated Under: 119.03

Chapter 5501:2-12 Veteran-friendly Business Enterprise Bid Preference

Ohio Adm.Code 5501:2-12-01 Definitions.

As used in this division of Administrative Code:

(A) "Bid response" means all documents, whether attached or incorporated by reference, supplied by the bidder in response to an invitation to bid.

(B) "Bidder" means the person or firm that submits a bid response to an invitation to bid.

(C) "Competitive sealed proposal" means offering of proposals in response to a request for proposal by a state agency for the purchase of supplies and/or services.

(D) "Invitation to bid" or "ITB" means all documents, whether attached or incorporated by reference, utilized for soliciting bids.

(E) "Offeror" means the person or firm which submits a proposal in response to a request for proposal.

(F) "Products" means materials, manufacturer's supplies, merchandise, goods, ware, and foodstuffs.

(G) "Proposal" means all documents, whether attached or incorporated by reference, supplied by the offeror in response to a request for proposal.

(H) "Purchase" means to buy, rent, lease, lease purchase, or otherwise acquire supplies or services and includes all functions that pertain to the obtaining of supplies of services, including description of requirements, selection and solicitation of sources, preparation and award of contracts, all phases of contract administration, and receipt and acceptance of the supplies and services and payment for them.

(I) "Request for proposal" or "RFP" means all documents, whether attached or incorporated by reference, utilized for soliciting proposals from offerors.

(J) "Supplies" means all property, including, but not limited to, equipment, materials, other tangible assets, and insurance, but excluding real property or an interest in real property.

(K) "State agency" has the same meaning as in section 1.60 of the Revised Code, but does not include the elected state officers, the general assembly or any legislative agency, a court or any judicial agency, or a state institution of higher education.

(L) "Director" or "Department" as used under rule 5501:2-12-02 of the Administrative Code, shall mean the director of the department of transportation or department of transportation unless specifically referenced otherwise.

Last updated August 29, 2022 at 2:13 PM

History

Effective: August 28, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-12-02

When conducting solicitations for the purchase of supplies and services, the department of transportation shall apply the preferences as set forth in rule 123:5-1-06 of the Administrative Code.

Last updated March 24, 2023 at 1:15 PM

History

Effective: August 28, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-12-03 Implementation of veteran-friendly business enterprise bid preference on the construction of transportation facilities.

(A) Prior to the award of a contract for construction of a transportation facility, the director of transportation will compare the lowest bid or the most advantageous offer from the non-veteran-friendly business enterprise to the lowest bid or most advantageous offer from the veteran-friendly business enterprise, if any.

(B) To the extent allowed by federal law, the director of transportation shall proceed with the award of the contract containing the lowest bid or most advantageous offer from the veteran-friendly business enterprise unless:

(1) The veteran-friendly business enterprise does not meet the criteria for competency or responsibility as defined by the director of transportation under Title 55 of the Revised Code; or

(2) The bid or offer submitted by the veteran-friendly business enterprise contains an excessive price. For the purposes of this rule an excessive price shall be in two and one-half per cent above the lowest responsive and competent bidder.

Last updated March 24, 2023 at 1:16 PM

History

Effective: August 28, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5501:2-12-04 Implementation of veteran-friendly business enterprise bid preference on the acquisition of professional services.

(A) Prior to the award of a contract for professional services under section 5526.05 of the Revised Code, the director of transportation shall determine if a qualified firm who would otherwise be eligible for contract award is a veteran-friendly business enterprise. If so, the director will continue with award of that contract if the director or the director's designee determines that selection of a veteran-friendly business enterprise firm will be most advantageous to this state. Where, otherwise, the director of transportation determines that it is most advantageous to propose the award of contract to other than a veteran-friendly business enterprise qualified firm, the director shall propose same.

(B) This rule shall not apply to contracts funded with federal funds unless prior approval of award is received from the United States secretary of transportation.

Last updated August 29, 2022 at 2:13 PM

History

Effective: August 28, 2022
Promulgated Under: 119.03

Chapter 5501:2-13 Maritime Assistance Program

Ohio Adm.Code 5501:2-13-01 General provisions.

(A) The director has determined that the Ohio maritime assistance program, as described in section 5501.91 of the Revised Code, shall be administered by a program manager within the department.

(B) The director shall maintain oversight duties and responsibilities. The program manager shall implement and carry out the program.

(C) The director will solicit potential applicants by issuing a request for applications. The evaluation criteria used to evaluate applications will be included in the request for applications. The application period for the request for applications will be sixty days from the date of posting. The program manager will notify each eligible port authority in Ohio in writing of the beginning of the application period. The application period start date will also be posted on the department's website. Applications shall only be for the purposes listed in division (D) of section 5501.91 of the Revised Code.

(D) Applicants may submit questions to the department during the application period. All questions submitted to the department during the application period will be made public.

(E) The applicant shall submit the application in a manner prescribed by the request for applications.

(F) Applications will be evaluated by a selection committe that includes:

(1) Three representatives from the department;

(2) One representative from JobsOhio; and,

(3) One representative from the Ohio rail development commission.

(G) After the applications have been evaluated by the selection committee, a list of recommended grant recipients, projects and funding amounts will be submitted to the director. The director will approve or disapprove each of the recommendations.

(H) Grant recipients are required to execute a grant agreement with the department. The grant agreement template will be included in the request for applications.

Last updated October 31, 2024 at 6:28 PM

History

Effective: October 31, 2024
Promulgated Under: 119.03

Chapter 5501:2-14 Variable Speed Limits

Ohio Adm.Code 5501:2-14-01 Variable Speed Limits.

(A) Based upon the criteria listed under paragraph (B) of this rule and taking into account any engineering study, the director may, based upon sound engineering judgment and acting in the best interest of the traveling public, establish a variable speed limit only on the portions of a street or highway as provided by law.

(B) Any variable speed established by the director should be based upon any of the following criteria or a combination thereof:

(1) Weather and other conditions affecting the visibility of the operator.

(2) Weather and other conditions affecting the pavement conditions that impact the maneuverability and stopping distance of motor vehicles.

(3) Incidents impacting or blocking lanes of travel.

(4) Congestion impacting traffic.

(5) Any other factor that affects the safe speed on a street or highway.

(C) An engineering study conducted in order to determine when variable speed limits are appropriate may be based on the following parameters including, but not limited to:

(1) Traffic volume.

(2) Operating speeds.

(3) Roadway characteristics.

(4) Crash history.

(5) Climate and weather conditions.

Last updated November 17, 2023 at 9:09 PM

History

Effective: November 16, 2023
Promulgated Under: 119.03

Ohio Administrative Code 5501:2 — Department of Transportation | Division of Highways

Chapter 5501:2-1 Movement of Overweight and Overdimension Vehicles

Ohio Adm.Code 5501:2-1-01 Definitions.

Ohio Adm.Code 5501:2-1-02 Permit Application.

Ohio Adm.Code 5501:2-1-05

Ohio Adm.Code 5501:2-1-06

Ohio Adm.Code 5501:2-1-03 Limitations on permits.

Ohio Adm.Code 5501:2-1-04 Conditions on permitted movements.

Ohio Adm.Code 5501:2-1-07 Right of appeal.

Chapter 5501:2-2 Erection and Control of Outdoor Advertising

Ohio Adm.Code 5501:2-2-01 Definitions.

Ohio Adm.Code 5501:2-2-02 General provisions for the erection and control of outdoor advertising.

Ohio Adm.Code 5501:2-2-05

Ohio Adm.Code 5501:2-2-03 General provisions for the erection and control of outdoor signs.

Ohio Adm.Code 5501:2-2-04 Directional and official advertising devices.

Ohio Adm.Code 5501:2-2-06 Nonconforming advertising devices.

Ohio Adm.Code 5501:2-2-07 Illegal advertising device and sign face removal procedures.

Ohio Adm.Code 5501:2-2-08 Penalties.

Ohio Adm.Code 5501:2-2-09 Advertising devices located on scenic byways.

Ohio Adm.Code 5501:2-2-10 Advertising devices located on premises of professional sports facility.

Chapter 5501:2-3 Bidding and Contracting

Ohio Adm.Code 5501:2-3-01 Net assets.

Ohio Adm.Code 5501:2-3-10

Ohio Adm.Code 5501:2-3-02 Application for qualification.

Ohio Adm.Code 5501:2-3-03 Responsibility and competency.

Ohio Adm.Code 5501:2-3-04

Ohio Adm.Code 5501:2-3-05 Certificate of qualification.

Ohio Adm.Code 5501:2-3-06 Joint venture bids.

Ohio Adm.Code 5501:2-3-07 Contracting procedure--foreign contractors.

Ohio Adm.Code 5501:2-3-08 Subcontracting procedure.

Ohio Adm.Code 5501:2-3-09 Prequalification review board.

Chapter 5501:2-4 Rest Areas and Roadside Parks

Ohio Adm.Code 5501:2-4-01 Control and use of rest areas and roadside parks.

Chapter 5501:2-5 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

Ohio Adm.Code 5501:2-5-01 General provisions.

Ohio Adm.Code 5501:2-5-06

Ohio Adm.Code 5501:2-5-04

Ohio Adm.Code 5501:2-5-02

Ohio Adm.Code 5501:2-5-05

Ohio Adm.Code 5501:2-5-03

Chapter 5501:2-6 Specific Service Sign Program

Ohio Adm.Code 5501:2-6-01 Definitions.

Ohio Adm.Code 5501:2-6-02 Program manager.

Ohio Adm.Code 5501:2-6-03 Interchange eligibility.

Ohio Adm.Code 5501:2-6-04 Program eligibility.

Ohio Adm.Code 5501:2-6-05 Fee schedule.

Chapter 5501:2-7 Incentive/Disincentive Contract

Ohio Adm.Code 5501:2-7-01 Definitions.

Ohio Adm.Code 5501:2-7-02 Determination of incentive/disincentive time.

Ohio Adm.Code 5501:2-7-03 Determination of incentive/disincentive daily amount.

Ohio Adm.Code 5501:2-7-04 Maximum incentive/disincentive amount.

Ohio Adm.Code 5501:2-7-05 Prebid conference.

Ohio Adm.Code 5501:2-7-06 Contract administration.

Chapter 5501:2-10 Traffic Fines in Construction Zone

Ohio Adm.Code 5501:2-10-01 Definitions.

Ohio Adm.Code 5501:2-10-02 Posting of signs advising that penalties are increased within construction zones.

Chapter 5501:2-12 Veteran-friendly Business Enterprise Bid Preference

Ohio Adm.Code 5501:2-12-01 Definitions.

Ohio Adm.Code 5501:2-12-02

Ohio Adm.Code 5501:2-12-03 Implementation of veteran-friendly business enterprise bid preference on the construction of transportation facilities.

Ohio Adm.Code 5501:2-12-04 Implementation of veteran-friendly business enterprise bid preference on the acquisition of professional services.

Chapter 5501:2-13 Maritime Assistance Program

Ohio Adm.Code 5501:2-13-01 General provisions.

Chapter 5501:2-14 Variable Speed Limits

Ohio Adm.Code 5501:2-14-01 Variable Speed Limits.

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