Ohio § 3318.49 Corrective action program

Ohio Statutes

§ 3318.49 — Corrective action program

Ohio § 3318.49

Title 33Education-Libraries

Ch. 3318School Facilities

This text of Ohio § 3318.49 (Corrective action program) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 3318.49 (2026).

Text

(A)The corrective action program is hereby established to provide funding for the correction of work, in connection with a project funded under sections3318.01to3318.20or sections3318.40to3318.45of the Revised Code, that is found after occupancy of the facility to be defective or to have been omitted.

(B)The Ohio facilities construction commission may provide funding under this section only if the school district notifies the executive director of the commission of the defective or omitted work within five years after occupancy of the facility for which the district seeks the funding.

(C)The commission shall establish procedures and deadlines for school districts to follow in applying for assistance under this section. The procedures shall include definitions of "defective" and "omitt

Free access — add to your briefcase to read the full text and ask questions with AI

(A) The corrective action program is hereby established to provide funding for the correction of work, in connection with a project funded under sections3318.01to3318.20or sections3318.40to3318.45of the Revised Code, that is found after occupancy of the facility to be defective or to have been omitted.

(B) The Ohio facilities construction commission may provide funding under this section only if the school district notifies the executive director of the commission of the defective or omitted work within five years after occupancy of the facility for which the district seeks the funding.

(C) The commission shall establish procedures and deadlines for school districts to follow in applying for assistance under this section. The procedures shall include definitions of "defective" and "omitted," and shall require that remediation efforts focus first on engaging the respective contractors that designed and constructed the areas that have design or construction-related issues. The commission shall consider applications on a case-by-case basis, taking into account the amount of money appropriated and available for purposes of this section.

(D) The commission may provide funding assistance necessary to take corrective measures after evaluating the defective or omitted work.

(1) If the work to be corrected or remediated is part of a project not yet completed, the commission may amend the project agreement to increase the project budget and use corrective action funding to provide the state portion of the amendment. If the work to be corrected or remediated is part of a completed project and funds were retained or transferred pursuant to division (C) of section3318.12of the Revised Code, the commission may enter into a new agreement to address the corrective action.

(2) Whether or not the project is completed, the district shall contribute a portion of the cost of the corrective action, to be determined in accordance with section3318.032of the Revised Code or, if the district is a joint vocational school district, section3318.42of the Revised Code. A district that is unable to provide its portion so that remediation can proceed may apply to the commission for additional assistance under section3318.042of the Revised Code.

(E) The commission shall assess responsibility for the defective or omitted work and seek cost recovery from responsible parties, if applicable. Any recovery of the expense of remediation shall be applied first to the district portion of the cost of the corrective action. Any remaining funds shall be applied to the state portion and deposited into the school building program assistance fund established under section3318.25of the Revised Code.