Ohio Administrative Code 3318 — Ohio Facilities Construction Commission

Chapter 3318-1 Classroom Facilities Assistance Program

Ohio Adm.Code 3318-1-01 Commission members.

(A) The commission shall consist of seven members, three of whom shall be voting members.

(1) The voting members are the director of the office of budget and management, the director of the department of administrative services, and an appointee by the governor of an additional administrative department head listed in section 121.03 of the Revised Code, or their designees.

(a) A vacancy for the member appointed by the governor shall be filled in the same manner as provided for the original appointment.

(b) If a voting member assigns a designee, the member shall submit a letter of assignment to the secretary of the commission to indicate the designation in that member's absence. The letter should indicate whether the designee is assigned for one meeting or for a specific period of time.

(c) Once assigned, a designee shall have the same voting powers and duties as the commission member.

(2) Of the nonvoting members, two shall be members of the senate appointed by the president of the senate and two shall be members of the house of representatives appointed by the speaker of the house. Each of the appointees of the president, and each of the appointees of the speaker, shall be members of different political parties.

(a) Nonvoting members shall serve as members of the commission during the legislative biennium for which they are appointed, except that any such member who ceases to be a member of the legislative house from which the member was appointed shall ceases to be a member of the commission.

(b) Pursuant to division (B) of section 123.20 of the Revised Code, each nonvoting member will be encouraged to be appointed within thirty-one days of the end of the term of that member's predecessor. Such members may be reappointed.

(B) Members of the commission or their designees shall serve without compensation.

(C) The commission shall be served by a secretary of the commission, who shall be a designated employee of the commission.

Last updated October 17, 2025 at 7:30 AM

History

• Effective: April 26, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 3318-1-02 Meetings.

(A) Including the organizational meeting, the commission shall meet at least once each calendar year.

(B) Meetings of the commission may be held anywhere in the state.

(C) Organizational meetings of the commission shall be held at the first meeting of each calendar year. At each organizational meeting, the commission shall elect from among its members a chair and vice-chair, who shall serve until the next annual organizational meeting.

(D) Two voting members of the commission constitute a quorum, and the affirmative vote of two members is necessary for approval of any action taken by the commission.

(E) Regular meetings of the commission shall be held as determined necessary by the chair.

(F) Special meetings of the commission shall be held as determined necessary by the chair, when such action is beneficial to avoiding delays or increased costs on projects or as needed for other actions that need immediate attention.

(G) Members shall be given advance notice of the agenda of each regular meeting by the secretary of the commission.

(H) Except as otherwise provided by rule or action of the commission, all proceedings of the commission shall be governed by parliamentary rules as set forth in "Robert's Rules of Order Newly Revised."

(I) The order of business for regular meetings of the commission shall be at the discretion of the chair, but shall generally include the following:

(1) Call to order;

(2) Roll call;

(3) Approval of minutes from previous meeting;

(4) Consideration of policies and other items;

(5) Report of the executive director;

(6) Public comment at the discretion of the chair

(7) Adjournment.

(J) The commission may approve multiple items listed on an appendix or exhibit in one vote.

(K) Any person requesting to present testimony at a commission meeting shall submit a "Testimony Request Slip," the form of which shall be provided by the commission and shall ask for the following information:

(1) Speaker's name, address, telephone number and email address;

(2) Organization/group affiliations, if any;

(3) Subject matter of testimony; and

(4) A listing of any exhibits, including written statements, to be submitted to the commission.

(L) The chair may impose such procedural and subject matter restrictions on public testimony as the chair determines appropriate. No person shall be permitted to speak at a commission meeting unless acknowledged by the chair.

(M) The secretary of the commission shall keep minutes of all meetings.

(1) The meeting minutes shall consist of a summary of the meeting which reflects the discussion at the meeting and the official action taken by the commission and the vote thereon, except that the minutes need only reflect the general subject matter of discussions in executive sessions authorized under section 121.22 of the Revised Code.

(2) After each meeting, the secretary of the commission shall cause the minutes to be promptly prepared, filed and maintained.

(3) The minutes of each meeting shall be considered at the next meeting of the commission. After approval of the minutes by the commission, the minutes shall constitute the official minutes of the commission and shall be maintained by the secretary of the commission and open to public inspection during normal business hours.

Last updated September 7, 2022 at 10:21 AM

History

• Effective: April 26, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 3318-1-03 Public notice of meetings.

(A) In accordance with division (F) of section 121.22 of the Revised Code, notice of the time and place of all regularly scheduled meetings of the commission shall be made available to the general public.

(B) Any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings of the commission by:

(1) Writing to the following address: "Commission Secretary, 30 W. Spring Street, 4th Floor, Columbus, OH 43215"; or

(2) Contacting the commission secretary at 614-466-6290 or by electronic mail at info@ofcc.ohio.gov; or

(3) Checking for meeting notices posted on the commission's website at http://ofcc.ohio.gov.

(C) Notice of all the commission's meetings must be posted on the commission website prior to the meeting and be provided to the Gongwer and Hannah news services.

(D) The commission shall provide notification in the following manner:

(1) For regular meetings such notice shall be given at least one week prior to the regular meeting and shall specify the time and place of the meeting.

(2) For special meetings of a non-emergency nature, such notice shall be given at least twenty-four hours before the special meeting and shall specify the time, place and purpose of the meetings.

(3) For special meetings of an emergency nature, such notice shall be given immediately upon the calling of the meeting and shall specify the time, place and purpose of the meetings.

Last updated September 7, 2022 at 10:21 AM

History

• Effective: December 30, 2012
• Promulgated Under: 119.03

Chapter 3318-2 Organization and Procedures

Ohio Adm.Code 3318-2-01 Definitions.

For the purposes of administrative rules promulgated in accordance with section 1347.15 of the Revised Code, the following definitions apply:

(A) "Access" as a noun means an instance of copying, viewing, or otherwise perceiving whereas "access" as a verb means to copy, view, or otherwise perceive.

(B) "Acquisition of a new computer system" means the purchase of a "computer system," as defined in this rule, that is not a computer system currently in place nor one for which the acquisition process has been initiated as of the effective date of the agency rule addressing requirements in section 1347.15 of the Revised Code.

(C) "Computer system" means a "system," as defined by section 1347.01 of the Revised Code, that stores, maintains, or retrieves personal information using electronic data processing equipment.

(D) "Confidential personal information" (CPI) has the meaning as defined by division (A)(1) of section 1347.15 of the Revised Code and identified by rules promulgated by the agency in accordance with division (B)(3) of section 1347.15 of the Revised Code that reference the federal or state statutes or administrative rules that make personal information maintained by the agency confidential.

(E) "Employee of the state agency" means each employee of a state agency regardless of whether he/she holds an elected or appointed office or position within the state agency. "Employee of the state agency" is limited to the specific employing state agency.

(F) "Agent of the state agency" means any individual or entity under contract with the state agency that may have access to confidential personal information as defined in paragraph (D) of this rule.

(G) "Incidental contact" means contact with the information that is secondary or tangential to the primary purpose of the activity that resulted in the contact.

(H) "Individual" means a natural person or the natural person's authorized representative, legal counsel, legal custodian, or legal guardian.

(I) "Information owner" means the individual appointed in accordance with division (A) of section 1347.05 of the Revised Code to be directly responsible for a system.

(J) "Person" means a natural person.

(K) "Personal information" has the same meaning as defined in division (E) of section 1347.01 of the Revised Code.

(L) "Personal information system" means a "system" that "maintains" "personal information" as those terms are defined in section 1347.01 of the Revised Code. "System" includes manual and computer systems.

(M) "Research" means a methodical investigation into a subject.

(N) "Routine" means commonplace, regular, habitual, or ordinary.

(O) "Routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person" as that phrase is used in division (F) of section 1347.01 of the Revised Code means personal information relating to employees and maintained by the agency for internal administrative and human resource purposes.

(P) "System" has the same meaning as defined by division (F) of section 1347.01 of the Revised Code.

(Q) "Upgrade" means a substantial redesign of an existing computer system for the purpose of providing a substantial amount of new application functionality, or application modifications that would involve substantial administrative or fiscal resources to implement, but would not include maintenance, minor updates and patches, or modifications that entail a limited addition of functionality due to changes in business or legal requirements.

Last updated September 7, 2022 at 10:21 AM

History

• Effective: December 30, 2012
• Promulgated Under: 119.03

Ohio Adm.Code 3318-2-02 Procedures for accessing confidential personal information.

For personal information systems, whether manual or computer systems, that contain confidential personal information, the commission shall do the following:

(A) Criteria for accessing confidential personal information. Personal information systems of the Ohio facilities construction commission are managed on a "need-to-know" basis whereby the information owner determines the level of access required for an employee of the agency or its agent to fulfill their job duties. The determination of access to confidential personal information shall be approved by the employee's supervisor and the information owner prior to providing the employee or agent with access to confidential personal information within a personal information system. The executive director, with the approval of the commission, shall establish procedures for determining a revision to an employee's access to confidential personal information upon a change to that employee's job duties including, but not limited to, transfer or termination. The director, with the approval of the commission shall also establish procedures for determining a revision to an agent's access to confidential personal information upon a change to that agent's contractual duties including, but not limited to, termination. Whenever an employee's job duties or an agent's contractual obligations no longer require access to confidential personal information in a personal information system, the employee's or agent's access to confidential personal information shall be removed.

(B) Individual's request for a list of confidential personal information. Upon the signed written request of any individual for a list of confidential personal information about the individual maintained by the commission, the commission shall do all of the following:

(1) Verify the identity of the individual by a method that provides safeguards commensurate with the risk associated with the confidential personal information;

(2) Provide to the individual the list of confidential personal information that does not relate to an investigation about the individual or is otherwise not excluded from the scope of Chapter 1347. of the Revised Code; and

(3) If all information relates to an investigation about that individual, inform the individual that the commission has no confidential personal information about the individual that is responsive to the individual's request.

(C) Notice of invalid access.

(1) Upon discovery or notification that confidential personal information of a person has been accessed by an employee or an agent for an invalid reason, the commission shall notify the person whose information was invalidly accessed as soon as practical and to the extent known at the time. However, the commission shall delay notification for a period of time necessary to ensure that the notification would not delay or impede an investigation or jeopardize homeland or national security. Additionally, the commission may delay the notification consistent with any measures necessary to determine the scope of the invalid access, including which individuals' confidential personal information invalidly was accessed, and to restore the reasonable integrity of the system.

"Investigation" as used in this paragraph means the investigation of the circumstances and involvement of an employee surrounding the invalid access of the confidential personal information. Once the commission determines that notification would not delay or impede an investigation, the commission shall disclose the access to confidential personal information made for an invalid reason to the person.

(2) Notification provided by the commission shall inform the person of the type of confidential personal information accessed and the date(s) of the invalid access.

(3) Notification may be made by any method reasonably designed to accurately inform the person of the invalid access, including written, electronic, or telephone notice.

(D) The executive director shall designate an employee of the Ohio facilities construction commission to serve as the data privacy point of contact. The data privacy point of contact shall work with the chief privacy officer within the office of information technology to assist the agency with both the implementation of privacy protections for the confidential personal information that the agency maintains and compliance with section 1347.15 of the Revised Code and the rules adopted pursuant to the authority provided by that chapter.

(E) Completion of a privacy impact assessment. The executive director shall designate an employee of the Ohio facilities construction commission to serve as the data privacy point of contact who shall timely complete the privacy impact assessment form developed by the office of information technology.

Last updated September 7, 2022 at 10:21 AM

History

• Effective: December 30, 2012
• Promulgated Under: 119.03

Ohio Adm.Code 3318-2-03 Valid reasons for accessing confidential personal information.

Pursuant to the requirements of division (B)(2) of section 1347.15 of the Revised Code, this rule contains a list of valid reasons, directly related to the Ohio facilities construction commission's exercise of its powers or duties, for which only employees of the commission or its agents may access confidential personal information (CPI) regardless of whether the personal information system is a manual system or computer system:

(A) Performing the following functions constitute valid reasons for authorized employees or agents of the commission to access confidential personal information:

(1) Responding to a public records request;

(2) Responding to a request from an individual for the list of CPI the agency maintains on that individual;

(3) Administering a constitutional provision or duty;

(4) Administering a statutory provision or duty;

(5) Administering an administrative rule provision or duty;

(6) Complying with any state or federal program requirements;

(7) Processing or payment of claims or otherwise administering a program with individual participants or beneficiaries;

(8) Auditing purposes;

(9) Licensure [or permit, eligibility, filing, etc.] processes;

(10) Investigation or law enforcement purposes;

(11) Administrative hearings;

(12) Litigation, complying with an order of the court, or subpoena;

(13) Human resource matters (e.g., hiring, promotion, demotion, discharge, salary/compensation issues, leave requests/issues, time card approvals/issues);

(14) Complying with an executive order or policy;

(15) Complying with an agency policy or a state administrative policy issued by the department of administrative services, the office of budget and management or other similar state agency; or

(16) Complying with a collective bargaining agreement provision.

(B) To the extent that the general processes described in paragraph (A) of this rule do not cover the following circumstances, for the purpose of carrying out specific duties of the Ohio facilities construction commission, authorized employees or agents would also have valid reasons for accessing CPI in these following circumstances:

(1) Employees or agents may review CPI for individuals in the review and processing of certified payrolls.

(2) Employees or agents may review CPI for individuals and firms in the review and processing of payments and in the review of apparent low bidders, including social security numbers or federal employer identification numbers.

(3) Employees or agents may review CPI for individuals in the review of criminal records check results obtained through the Ohio bureau of criminal identification and investigation or the federal bureau of investigation to determine compliance with the commission's policy on site security.

(4) Employees or agents may review CPI for individuals in the review of driving records obtained through the Ohio bureau of motor vehicles to determine compliance with the commission's policy on site security.

(5) Employees or agents may review CPI for individuals in the review of the results of drug screens for the purposes of determining compliance with the commission's drug-free safety program.

Last updated September 7, 2022 at 10:21 AM

History

• Effective: December 30, 2012
• Promulgated Under: 119.03

Ohio Adm.Code 3318-2-04 Confidentiality statutes.

The following federal statutes or regulations or state statutes and administrative rules make personal information maintained by the commission confidential and identify the confidential personal information within the scope of rules promulgated by this commission in accordance with section 1347.15 of the Revised Code:

(A) Social security numbers: 5 U.S.C. 552a. (2010) , unless the individual was told that the number would be disclosed.

(B) "Bureau of Criminal Investigation and Information" criminal records check results: section 109.572 of the Revised Code and rule 109:5-1-01 of the Administrative Code.

(C) "Bureau of Motor Vehicles" driver's record check: section 4501.27 of the Revised Code.

(D) Federal employer identification numbers: 26 U.S.C. 6011b. (2005) , unless the entity was told that the number would be disclosed.

(E) Medical records: division (A)(1)(a) of section 149.43 of the Revised Code, any documents and/or information relating to hospitalization, treatment or diagnosis generated from medical treatment.

Last updated October 7, 2024 at 11:58 AM

History

• Effective: April 26, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 109:5-1-01

(A) Any person may obtain information concerning the criminal record of any other person maintained at the bureau of criminal identification and investigation by submitting the following:

(1) The complete name, current address, and other identifying characteristics of the individual whose records are sought;

(2) A complete set of fingerprints of the individual whose records are sought;

(3) The signed consent of the individual whose records are sought;

(4) A check, money order, or electronic payment in the amount of twenty-two dollars made payable to the "Treasurer of State of Ohio." Law enforcement officers as defined in section 2901.01 of the Revised Code will be exempt from this fee.

(B) The foregoing shall be submitted to the bureau of criminal identification and investigation in one of the following ways:

(1) Through the mail to the "Bureau of Criminal Identification and Investigation, P.O. Box 365, London, Ohio 43140."

(2) Electronically in a format designated by the superintendent.

(C) "Other identifying characteristics" means date of birth, social security number, height, weight, sex, race, and nationality.

Last updated July 6, 2023 at 11:18 AM

History

• Effective: November 20, 2015
• Promulgated Under: 119.03

Ohio Adm.Code 3318-2-05 Restricting and logging access to personal information in computerized personal information systems.

For personal information systems that are computer systems and contain confidential personal information, the Ohio facilities construction commission shall do the following:

(A) Access restrictions. Access to confidential personal information that is kept electronically shall require a password or other authentication measure.

(B) Acquisition of a new computer system. When the commission acquires a new computer system that stores, manages or contains confidential personal information, the commission shall include a mechanism for recording specific access by employees or agents of the commission to confidential personal information in the system.

(C) Upgrading existing computer systems. When the commission modifies an existing computer system that stores, manages or contains confidential personal information, the commission shall make a determination whether the modification constitutes an upgrade. Any upgrades to a computer system shall include a mechanism for recording specific access by employees or agents of the commission to confidential personal information in the system.

(D) Logging requirements regarding confidential personal information in existing computer systems.

(1) The commission shall require employees or agents of the commission who access confidential personal information within computer systems to maintain a log that records that access.

(2) Access to confidential information is not required to be entered into the log under the following circumstances:

(a) The employee or agent of the commission is accessing confidential personal information for official commission purposes, including research, and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(b) The employee or agent of the commission is accessing confidential personal information for routine office procedures and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(c) The employee or agent of the commission comes into incidental contact with confidential personal information and the access of the information is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(d) The employee or agent of the commission accesses confidential personal information about an individual based upon a request made under either of the following circumstances:

(i) The individual requests confidential personal information about himself/herself.

(ii) The individual makes a request that the commission takes some action on that individual's behalf and accessing the confidential personal information is required in order to consider or process that request.

(3) For purposes of this paragraph, the commission may choose the form or forms of logging, whether in electronic or paper formats.

(E) Log management. The executive director, with the approval of the commission, shall issue a policy that specifies the following:

(1) Who shall maintain the log;

(2) What information shall be captured in the log;

(3) How the log is to be stored; and

(4) How long information kept in the log is to be retained.

Nothing in this rule limits the commission from requiring logging in any circumstance that it deems necessary.

Last updated September 7, 2022 at 10:21 AM

History

• Effective: December 30, 2012
• Promulgated Under: 119.03

Chapter 3318-3 Requirements for Energy Consumption and Life Cycle Cost Analysis of State Facilities

Ohio Adm.Code 3318-3-01 Purpose.

(A) This chapter establishes requirements, procedures and guidelines for energy consumption and life cycle cost analysis of new, renovated and leased state facilities; certifying designated building operators of state funded facilities; and local administration of installment payment energy conservation contracts. The primary purpose of this chapter shall be to minimize energy consumption in state owned, funded and leased facilities in a cost effective manner.

(B) This chapter shall apply to each state agency planning to construct, renovate or operate any state funded facility. This chapter does not apply to a facility of a state institution of higher education or a facility operated by a political subdivision.

Last updated August 24, 2026 at 4:48 PM

History

• Effective: January 10, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 3318-3-02 Definitions as used in this chapter.

(A) "Facility" shall have the same meaning as division (A)(4) of section 123.22 of the Revised Code.

(B) "State funded" shall have the same meaning as division (A)(7) of section 123.22 of the Revised Code.

(C) "State institution of higher education" shall have the same meaning as set forth in section 3345.011 of the Revised Code.

(D) "Political subdivision" shall have the same meaning as set forth in division (A)(6) of section 123.22 of the Revised Code.

(E) "Life cycle cost" means the total energy related costs of owning, operating and maintaining the facility over the economic life of the facility.

(F) "Life cycle cost analysis" shall have the same meaning as set forth in division (A)(5) of section 123.22 of the Revised Code.

(G) "Energy consumption analysis" means a cost per square foot summary of all energy consuming systems, as set forth in division (A)(2) of section 123.22 of the Revised Code..

(H) "Energy performance index" shall have the same meaning as division (A)(3) of section 123.22 of the Revised Code.

(I) "Passive alternative" means a design consideration that affects energy consumption but does not use energy in its operation.

(J) "Active alternative" means a design consideration including a system or component that uses energy in its operation.

(K) "CBECS" means the commercial building energy consumption survey national average source energy use and performance comparisons conducted in 2003 and subsequently published by the United States department of energy's energy information agency.

(L) "Clean energy" means an energy source such as waste heat recovery, solar energy, wind energy, biomass fuel energy, or geothermal energy.

(M) "Designated building operator" means a person or persons, certified by an approved training program and designated by a state agency, to be responsible for overseeing the energy-efficient maintenance and operational practices of one or more facilities managed by a state funded entity.

(N) "Building operator certification" means a nationally recognized professional development program, administered with oversight from a committee of advisors representing public and private sector employers of building operators. The building operator certification program is designed to provide training and certification on energy-efficient maintenance, operation, safety, and other best practices, including but not limited to indoor environmental quality and occupational safety and health administration regulations.

(O) "Energy audit tool" means the web-based energy consumption tracking software adopted by the Ohio facilities construction commission.

(P) "Energy target tool" means the web-based energy consumption design goal setting software adopted by the Ohio facilities construction commission.

(Q) "Baseline year" means the fiscal year beginning July 1, 2006 and ending June 30, 2007. For a facility acquired or placed into service after this date, the baseline year shall be the first twelve-month period for which utility bill data is available.

Last updated August 24, 2026 at 4:48 PM

History

• Effective: January 10, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 3318-3-03 Requirements.

(A) All new construction, renovation, repairs, and replacements of state funded facilities shall employ cost-effective, energy-efficient, green building practices to the maximum extent possible.

(B) Each state agency shall:

(1) Design and construct state funded facilities achieving the following minimum standards:

(a) New construction shall be designed so that the fossil-fuel, greenhouse gas emitting, energy consumption of the facility is reduced, as compared to the regional average for that building type as defined in CBECS, by the percentage specified as follows:

(i) Fifty per cent for designs completed on and after February 16, 2010;

(ii) Sixty-five per cent for designs completed on and after January 1, 2015;

(iii) Eighty per cent for designs completed on and after January 1, 2020;

(iv) Ninety per cent for designs completed on and after January 1, 2025; and

(v) One-hundred per cent for designs completed on and after January 1, 2030.

(b) Renovation projects shall be designed so that the fossil-fuel, greenhouse gas emitting, energy consumption of the facility is reduced, as compared to the regional average for that building type as defined in CBECS, by fifty per cent.

(c) A state agency may apply for a waiver of compliance from the Ohio facilities construction commission for the following reasons:

(i) The facility does not consume energy for heating, ventilating, or air conditioning; or

(ii) The facility is not designed for human occupancy.; or

(iii) The consumption percentage is not economically achievable in the facility, but the facility can meet a proposed lesser percentage that is achievable.

(2) Prior to constructing or renovating any facility five thousand square feet or greater, submit to the Ohio facilities construction commission a design that incorporates a life cycle cost analysis that shall determine the reasonably expected costs of facility ownership, operation, maintenance, and disposal including labor and materials for the economic life of the state funded facility.

(3) Prior to leasing any facility twenty thousand square feet or greater within a given boundary, submit to the Ohio facilities construction commission an energy consumption analysis of the facility's heating, refrigeration, cooling, lighting, hot water, and other major energy-consuming systems, components, and equipment for the term of the proposed lease.

Last updated August 24, 2026 at 4:48 PM

History

• Effective: January 10, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 3318-3-04 Procedures and guidelines for new and renovated facilities.

(A) During the facility's preliminary schematic design stage, a state agency shall require the designer to:

(1) Develop practical alternative design concepts, considering passive and/or active building components, for the purpose of minimizing future energy consumption.

(2) Estimate the annual energy consumption and associated energy costs of each alternative, analyze their impact on facility life-cycle costs and incorporate into the final facility design alternatives which are cost effective.

(3) Re-evaluate life-cycle cost as additional alternatives to be considered during the continuing design development to assure their cost effective implementation.

(B) The energy consumption calculations shall be performed in accordance with established engineering practices and currently accepted methodology including computerized simulation techniques approved by the Ohio facilities construction commission.

Last updated August 24, 2026 at 4:48 PM

History

• Effective: January 10, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 3318-3-05 Guidelines for leased facilities.

(A) Leased facilities shall employ cost-effective, energy efficient, green building practices to the maximum extent possible.

(B) An energy consumption analysis schall be disclosed to the Ohio facilities construction commission prior to the execution of the proposed lease.

(C) The lessor shall cooperate with the lessee to implement cost effective methods of increasing energy efficiency.

Last updated August 24, 2026 at 4:48 PM

History

• Effective: January 10, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 3318-3-06 Requirements for building operator certification and tracking building energy consumption.

(A) Each state funded entity that manages or operates facilities shall employ certified building operators to manage or operate its facilities as follows:

(1) State funded entities that manage or operate a single or stand-alone facility or campus shall designate at least one certified building operator to manage such facility or campus.

(2) State funded entities that manage or operate multiple facilities or campuses located in regions or districts throughout the state shall designate at least one certified building operator to manage such facilities or campuses in each region or district.

(3) State funded entities that manage or operate multiple facilities or campuses and provide centralized facility related direction or services to multiple centers or campuses shall designate at least one certified building operator to manage such multiple facility or campus locations.

(B) Designated building operators shall satisfactorily complete a building operator certification training program adopted by the department of administrative services.

(C) State funded entities may apply for a waiver of compliance from the director of administrative services for the following reasons:

(1) The state funded entity's facilities have an average annual site energy performance index less than seventy-five thousand British thermal units per square foot; or

(2) The state funded entity's designated building operators have received certification through a similar approved certification program that provides equivalent training on energy-efficient maintenance procedures and operational practices. The following programs are preapproved by the department of administrative services:

(a) International facilities management association designations (i.e., certified facility manager and facility management professional); or

(b) Building owners and managers institute designations (i.e., real property administrator, facilities management administrator, systems maintenance administrator, or systems maintenance technician).

(D) This section shall not apply to state funded entities that occupy leased space and are not responsible for facility maintenance functions.

Last updated August 24, 2026 at 4:48 PM

History

• Effective: January 10, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 3318-3-07 Requirements for local administration of installment payment energy conservation contracts.

(A) The manager of any facility owned by the state may apply to the executive director of the Ohio facilities construction commission for local administration of an installment payment energy conservation contract under sections 156.01 to 156.04 of the Revised Code.

(B) The building manager shall provide such information in the manner and form as the executive director of the Ohio facilities construction commision may require to determine if the building manager possesses sufficient experience and knowledge to:

(1) Properly perform an audit of the facility to determine appropriate energy conservation measures to include in its request for proposal;

(2) Properly prepare a request for proposal to solicit interest from energy service companies to design, install and guarantee the savings from appropriate energy conservation measures for the facility;

(3) Properly score and determine the most appropriate proposer with which to enter into an installment payment energy conservation contract; and

(4) Properly evaluate annual energy savings reports and proposed adjustments to the energy consumption calculations over the life of the installment payment contract.

(C) The executive director of the Ohio facilities construction commission may authorize a building owner to locally administer an installment payment energy conservation contract if the building manager provides clear and convincing evidence that it has the capacity to competently manage the contract through all phases of the process and the estimated cost of which, including design fees, construction, equipment, and contingency amounts, is less than one million, five hundred thousand dollars.

(D) This section shall not apply to an institution of higher education authorized to administer an installment payment energy conservation contract under section 3345.64 of the Revised Code.

Last updated August 24, 2026 at 4:48 PM

History

• Effective: January 10, 2016
• Promulgated Under: 119.03