Ohio § 4105.11

§ 4105.11.

The inspection of elevators shall be made by the inspectors authorized in sections 4105.03 and 4105.04 of the Revised Code , under the supervision of the superintendent of industrial compliance, and the superintendent

shall enforce this chapter and any rules adopted pursuant thereto. Every inspector shall forward to the superintendent a full and complete report of

each inspection made of any elevator and shall, on the day the inspection is completed,

leave a copy of such report with the owner or operator of the elevator, or the owner's

or operator's agent or representative.  Such report shall indicate the exact condition of the elevator and shall list any

and all of the provisions of this chapter and any rules adopted pursuant thereto,

with which the elevator does not comply.  Before attempting to enforce, by any remedy, civil or criminal, the provisions with

which the inspected elevator does not comply, the chief shall issue an adjudication

order within the meaning of Chapter 119. of the Revised Code. The approval of construction plans, or an application of specifications under section 4105.16 of the Revised Code is a license, and the failure to approve such plans or specifications by the chief

within sixty days after they are filed is an adjudication order denying the issuance

of a license. Every adjudication order shall specify what appliances, site preparations, additions,

repairs, or alterations to any elevators, plans, materials, assemblages, or procedures

are necessary for the same to comply with this chapter, or any rules adopted pursuant

thereto.  Such adjudication order shall be issued pursuant to Chapter 119. of the Revised

Code and shall be effective without prior hearing, within thirty days after the receipt

of such order, the owner of the elevator specified therein may appeal to the board

of building appeals under section 3781.19 of the Revised Code . Notwithstanding the provisions of Chapter 119. of the Revised Code relating to adjudication

hearings, a stenographic or mechanical record of the testimony and other evidence

submitted before the board of building appeals shall be taken at the expense of the

agency.  A party adversely affected by an order issued following such adjudication hearing

may appeal to the court of common pleas of the county in which the party is a resident

or in which the elevator affected by such order is located.  The court in such case shall not be confined to the record as certified to it by

the agency, but any party may produce additional evidence and the court shall hear

the matter upon such record and such additional evidence as is introduced by any party.  The court shall not affirm the order of the agency unless the preponderance of the

evidence before it supports the reasonableness and lawfulness of such order, and of

any rules upon which the order of the agency is based in its application to the facts

involved in the appeal. Failure to comply with the requirements of any order issued pursuant to this section

or the continued operation of any elevator after it has been sealed pursuant to section 4105.21 of the Revised Code is hereby declared a public nuisance.