Section 3745-113-02 - Applicability(A) The rules in this chapter are applicable to any person who supplies, sells, offers for sale, repackages for sale, manufacturers, or blends any AIM coating for use within the state of Ohio, as well as any person who applies or solicits the application of any AIM coating within the state of Ohio, except the following: (1) Any AIM coating that is sold or manufactured for use outside of the state of Ohio or for shipment to other manufacturers for reformulation or repackaging.(2) Any aerosol coating product.(3) Any AIM coating that is sold in a container with a volume of one liter (1.057 quart) or less, including kits containing containers of different colors, types or categories of coatings and two component products. This applicability exception does not include bundling of containers individually containing one liter or less, which are sold together as a unit comprising more than one liter in volume, or any type of marketing which implies that multiple containers one liter or less be combined in one container. This exemption does not include packaging from which the coating cannot be applied. This exemption does include multiple containers of one liter or less that are packaged and shipped together with no intent or requirement to ultimately sell as one unit.(B) On or after January 1, 2024, the following coating categories, as defined in rule 3745-113-01 of the Administrative Code are eliminated and coatings meeting any of these definitions will be subject to the VOC limit for the applicable category in the table in rule 3745-113-03 of the Administrative Code.(2) Anti-fouling coating.(3) Clear brushing lacquers.(5) Fire retardant coating.(10) Quick-dry primer, sealer and undercoater.(13) Swimming pool repair and maintenance coating.(14) Tempature indicator safety coating.(16) Waterproofing sealer.(17) Waterproofing concrete/masonry sealer.(C) The following coating categories, as defined in rule 3745-113-01 of the Administrative Code, become effective on or after January 1, 2024: (1) Aluminum roof coating.(2) Basement specialty coating.(3) Concrete/masonry sealer.(5) Reactive penetrating sealant.(6) Reactive penetrating carbonate stone sealer.(8) Tub and tile refinish coating.(9) Waterproofing membrane.Ohio Admin. Code 3745-113-02
Effective: 12/16/2022
Five Year Review (FYR) Dates: 9/9/2022 and 12/16/2027
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 09/21/2007, 10/18/2013, 02/16/2019