Commonly Asked Questions and Answers
A. Before January 1, 2013, dealers are required to register their business with the Ohio Department of Public Safety.
- Go to the Ohio Homeland Security website.
- Click on “Scrap Metal Registration.”
A. ORC 4737.04 defines a "Scrap metal dealer" means the owner or operator of a business that purchases or receives scrap metal for the purpose of sorting, grading, and shipping metals to third parties for direct or indirect melting into new products.
(1) Develop and implement, by January I, 2014, and maintain as a registry a secure database for use by law enforcement agencies that is capable of all of the following:
(a) Receiving and securely storing all of the information required by division (A) of this section and the daily transaction data that scrap metal dealers and bulk merchandise dealers are required to send pursuant to division (E)(1) of section 4737.04 of the Revised Code;
(b) Providing secure search capabilities to law enforcement agencies for enforcement purposes;
(c) Creating a link and retransmission capability for receipt of routine scrap theft alerts published by the institute of scrap recycling industries for transmission to dealers and law enforcement agencies in the state;
(d) Making the electronic lists prepared pursuant to division (F)(2) of section 4737.04 of the Revised Code available through an electronic searchable format for individual law enforcement agencies and for dealers in the state;
(e) Providing, without charge, interlink programming enabling the transfer of information to dealers.
A. ORC 4737.045 (C) Every scrap metal dealer shall maintain a record book or electronic file, in which the dealer shall keep an accurate and complete record of all articles purchased or received by the dealer in the course of the dealer's daily business. On and after September 11, 2008, every entry in the record book or electronic file shall be numbered consecutively and, on or after the effective date of this amendment, shall be maintained for inspection in numerical order. Until the registry developed by the director pursuant to section 4737.045 of the Revised Code is operational, a dealer shall maintain the record for each article purchased or received for a minimum period of one year after the date the dealer purchased or received the article, except that the dealer shall maintain the photograph required under division (I) of this section only for a period of sixty days after the dealer purchased or received the article. Beginning on the date the registry is operational, a dealer shall maintain the record for each article purchased or received only for a period of sixty days after the date the dealer purchased or received the article. The director shall adopt rules for the format and maintenance of the records required under this division.
The records shall contain all of the following:
The name and residence of the person from whom the articles were purchased or received, a copy of that person's personal identification card, and a photograph of the person taken pursuant to division (I) of this section4737.041. Special purchase articles and bulk merchandise containers
A scrap metal dealer or bulk merchandise container dealer shall do all of the following with respect to each special purchase article the scrap metal dealer purchases or receives or with respect to each bulk merchandise container a bulk merchandise container dealer purchases or receives that is subject to division
(A) of section 4737.012 of the Revised Code:
(A) Comply with the requirements of this section in addition to complying with the applicable requirements of section 4737.012 or 4737.04 of the Revised Code;
Take a photograph of each special purchase article or bulk merchandise container
A. ORC 4737.043. Exemptions from requirements
Sections 4737.04 and 4737.041 of the Revised Code do not apply with respect to any of the following:
(3) If the sales transaction involves a business, the business satisfies one of the following criteria:
(a) The business is registered with the secretary of state.
(b) The business has been issued a license under section 5739.17 of the Revised Code.
(c) The business advertises its services in a newspaper of general circulation once a week for not less than six consecutive months or provides a receipt showing payment for such advertising, a telephone book, electronic media that is available to the public, or some other type of media that is owned and operated by a person other than the business and, if an individual operates the business, the individual advertising the business has a specific place of business that is not the individual's permanent home residence.
(1) For recyclable materials that are not special purchase articles, the following category codes to identify the recyclable materials that the dealer receives:
(a) "Number one copper," which includes clean copper pipe, clean copper wire, or other number one copper that does not have solder, paint, or coating;
(b) "Number two copper," which includes unclean copper pipe, unclean copper wire, or other number two copper;
(c) "Sheet copper," which includes copper roofing, copper gutters, copper downspouts, and other sheet copper;
(d) "Insulated copper wire";
(e) "Aluminum or copper radiators," which includes aluminum radiators, aluminum copper radiators, and copper radiators;
(f) "Red brass," which includes red brass values and other red brass;
(g) "Yellow brass," which includes yellow brass fixtures, yellow brass valve and fitting, ornamental brass, and other yellow brass;
(h) "Aluminum sheet";
(i) "Aluminum extrusions," which includes aluminum bleachers, aluminum benches, aluminum frames, aluminum pipe, and other aluminum extrusions;
(j) "Cast aluminum," which includes aluminum grills, lawnmower decks made of aluminum, aluminum motor vehicle parts and rims, and other cast aluminum;
(k) "Clean aluminum wire";
(I) "Unclean aluminum wire";
(m) "Aluminum exteriors," which includes aluminum siding, aluminum gutters and downspouts, aluminum shutters, aluminum trim, and other aluminum exterior Items;
(n) "Contaminated aluminum";
(o) "Stainless steel," which includes, sinks, appliance housing, dishes, pots, pans, pipe, and other items made out of stainless steel;
(p) "Large appliances," which includes consumer and other appliances;
(q) "Steel structural," which includes all structural steel such as I-beams, trusses, channel iron, and similar steel from buildings;
(r) "Miscellaneous steel," which includes steel grates, steel farm machinery, steel industrial machinery, steel motor vehicle frames, and other items made out of steel;
(s) "Sheet irons," which includes bicycles, motor vehicle body parts made of iron, and other items made using sheet iron;
(t) "Motor vehicle nonbody parts," which includes motor vehicle batteries, radiators, and other nonbody motor vehicle parts;
(u) "Catalytic converters";
(v) "Lead";
(w) "Electric motors."
A. ORC 4735.045(3)No scrap metal dealer or bulk merchandise container dealer shall purchase or receive any special purchase articles or bulk merchandise containers from any person who is under eighteen years of age
See Revised Code Section 4737.04(C)(5)
A. ORC 4737.04(I) Every scrap metal dealer shall take a photograph, in accordance with rules adopted by the director, of each person who sells or otherwise gives the dealer an article for which the dealer must make record under division (C) of this section.
The dealer shall take the required photograph at the time the dealer purchases or receives the article and shall keep the photograph as part of the record in accordance with division (C) of this section.
A. 4737.043. Exemptions from requirements
Sections 4737.04 and 4737.041 of the Revised Code do not apply with respect to any of the following:
(3) If the sales transaction involves a business, the business satisfies one of the following criteria:
(d) The business is registered with the secretary of state.
(e) The business has been issued a license under section 5739.17 of the Revised Code.
(f) The business advertises its services in a newspaper of general circulation once a week for not less than six consecutive months or provides a receipt showing payment for such advertising, a telephone book, electronic media that is available to the public, or some other type of media that is owned and operated by a person other than the business and, if an individual operates the business, the individual advertising the business has a specific place of business that is not the individual's permanent home residence.
A. ORC 4737.04 defines a "Scrap metal dealer" means the owner or operator of a business that purchases or receives scrap metal for the purpose of sorting, grading, and shipping metals to third parties for direct or indirect melting into new products.
A. 4737.043. Exemptions from requirements
Sections 4737.04 and 4737.041 of the Revised Code do not apply with respect to any of the following:
(A) The donation of articles to nonprofit organizations or to any other person, on the condition that the person donating the articles receives no payment or any other valuable consideration in exchange for or due to donating the articles;
(B) The sale or donation of common recycled matter;
(C) Sales transacted between a scrap metal dealer and an organization that is exempt from federal taxation under section 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 285, 26 U.S.C. 501(c)(3), as amended, and that collects, for its own fundraising purposes, scrap ferrous and nonferrous metals for recycling rather than disposal;
(D) Sales transacted between a scrap metal dealer and a government unit or another business, including a demolition company, public utility company, or another scrap metal dealer, on the condition that the government unit or business satisfies the following criteria:
(1) In the course of providing the government unit's or business's services to others or maintaining the government unit's or business's property, whether onsite or offsite, the government unit or business generates scrap ferrous and nonferrous metals for recycling rather than disposal.
(2) If the sales transaction involves a government unit, reference to the government unit as a bona fide unit of government can be readily found by the public.
(3) If the sales transaction involves a business, the business satisfies one of the following criteria:
(g) The business is registered with the secretary of state.
(h) The business has been issued a license under section 5739.17 of the Revised Code.
(i) The business advertises its services in a newspaper of general circulation once a week for not less than six consecutive months or provides a receipt showing payment for such advertising, a telephone book, electronic media that is available to the public, or some other type of media that is owned and operated by a person other than the business and, if an individual operates the business, the individual advertising the business has a specific place of business that is not the individual's permanent home residence.
(4) The government unit provides proof of compliance with division (D)(2) of this section or the business provides proof of compliance with division (D)(3) of this section to the scrap metal dealer with whom the government unit or business transacts business.
(E) Sales transacted between a scrap metal dealer and a person whose primary business is to create products that result in bulk quantities of ferrous and nonferrous metal used for recycling rather than disposal.
(F) Sales of catalytic converters transacted between a scrap metal dealer and a motor vehicle dealer as defined in section 4517.01 of the Revised Code.
A. ORC 4737.04 defines a "Scrap metal dealer" means the owner or operator of a business that purchases or receives scrap metal for the purpose of sorting, grading, and shipping metals to third parties for direct or indirect melting into new products.
A. ORC 4737.045 of the Revised Code.
(C) Every scrap metal dealer shall maintain a record book or ……………
The records shall contain all of the following:
(1) The name and residence of the person from whom the articles were purchased or received, a copy of that person's personal identification card, and a photograph of the person taken pursuant to division (I) of this section; (must take a photo)(2) If the seller or provider of the articles arrives at the dealer's place of business in a motor vehicle, the license plate number of that motor vehicle along with the state that issued the license plate; (does not say a picture)
§ 4737.041. Special purchase articles and bulk merchandise containers
A scrap metal dealer or bulk merchandise container dealer shall do all of the following with respect to each special purchase ……………….
Take a photograph of each special purchase article or bulk merchandise container
A. ORC 4737.041A scrap metal dealer or bulk merchandise container dealer shall do all of the following with respect to special purchase article the scrap metal dealer purchases or receives or with respect to each bulk merchandise container a bulk merchandise container dealer purchases or receives that is subject to division (A) of section 4737.012 of the Revised Code: (E) Withhold payment for the purchase of the special purchase articles or bulk merchandise containers for a period of two days after the day the special purchase articles or bulk merchandise containers are purchased;
A. The revisions in the Scrap Law do not change any Junk or salvage vehicle laws
A. ORC 4737.045 (C) (5) For recyclable materials that are not special purchase articles, the following category codes to identify the recyclable materials that the dealer receives: (t)"Motor vehicle non- body parts," which includes motor vehicle batteries, radiators, and other non-body motor vehicle parts;
A. ORC 4735.045
(1) For recyclable materials that are not special purchase articles, the following category codes to identify the recyclable materials that the dealer receives:
(a) "Number one copper," which includes clean copper pipe, clean copper wire, or other number one copper that does not have solder, paint, or coating;
(b) "Number two copper," which includes unclean copper pipe, unclean copper wire, or other number two copper;
(c) "Sheet copper," which includes copper roofing, copper gutters, copper downspouts, and other sheet copper;
(d) "Insulated copper wire";
(e) "Aluminum or copper radiators," which includes aluminum radiators, aluminum copper radiators, and copper radiators;
(f) "Red brass," which includes red brass values and other red brass;
(g) "Yellow brass," which includes yellow brass fixtures, yellow brass valve and fitting, ornamental brass, and other yellow brass;
(h) "Aluminum sheet";
(i) "Aluminum extrusions," which includes aluminum bleachers, aluminum benches, aluminum frames, aluminum pipe, and other aluminum extrusions;
(j) "Cast aluminum," which includes aluminum grills, lawnmower decks made of aluminum, aluminum motor vehicle parts and rims, and other cast aluminum;
(k) "Clean aluminum wire";
(I) "Unclean aluminum wire";
(m) "Aluminum exteriors," which includes aluminum siding, aluminum gutters and downspouts, aluminum shutters, aluminum trim, and other aluminum exterior Items;
(n) "Contaminated aluminum";
(o) "Stainless steel," which includes, sinks, appliance housing, dishes, pots, pans, pipe, and other items made out of stainless steel;
(p) "Large appliances," which includes consumer and other appliances;
(q) "Steel structural," which includes all structural steel such as I-beams, trusses, channel iron, and similar steel from buildings;
(r) "Miscellaneous steel," which includes steel grates, steel farm machinery, steel industrial machinery, steel motor vehicle frames, and other items made out of steel;
(s) "Sheet irons," which includes bicycles, motor vehicle body parts made of iron, and other items made using sheet iron;
(t) "Motor vehicle nonbody parts," which includes motor vehicle batteries, radiators, and other nonbody motor vehicle parts;
(u) "Catalytic converters";
(v) "Lead";
(w) "Electric motors."
A. ORC 4737.045 of the Revised Code.
(C) Every scrap metal dealer shall maintain a record book or ……………
The records shall contain all of the following:
(1) The name and residence of the person from whom the articles were purchased or received, a copy of that person's personal identification card, and a photograph of the person taken pursuant to division (I) of this section; (must take a photo)(2) If the seller or provider of the articles arrives at the dealer's place of business in a motor vehicle, the license plate number of that motor vehicle along with the state that issued the license plate; (does not say a picture)
§ 4737.041. Special purchase articles and bulk merchandise containers
A scrap metal dealer or bulk merchandise container dealer shall do all of the following with respect to each special purchase ……………….
Take a photograph of each special purchase article or bulk merchandise container
A. ORC 4737.04 (2) "Special purchase article" means all of the following:
(a) Beer kegs;
(b) Cable, wire, electrical components, and other equipment used in providing cable service or any utility service, including, but not limited to, copper or aluminum coverings, housings, or enclosures related thereto;
(c) Grave markers, sculptures, plaques, and vases made out of metal, the appearance of which suggests that the articles have been obtained from a cemetery;
(d) Guard rails for bridges, highways, and roads; highway and street signs; street light poles and fixtures; worker access hole covers, water meter covers, and other similar types of utility access covers; traffic directional and control signs and light signals, metal marked with the name of a political subdivision of the state, and other metal articles that are purchased and installed for use upon authorization of the state or any political subdivision of the state;
(e) Historical, commemorative, and memorial markers and plaques made out of metal;
(f) Four-wheel metal carts, commonly referred to as "grocery carts," that are generally used by individuals to collect and transport consumer goods while shopping;
(g) Four-wheel metal carts, commonly referred to as "metal bossies," that are used to transport or merchandise food products that are stored in crates, shells, or trays;
(h) Railroad material, including journal brasses, rail spikes, rails, tie plates, frogs, and communication wire;
(i) Metal trays, merchandise containers, or similar transport containers used by a product producer, distributor, retailer, or an agent of a product producer, distributor, or retailer as a means for the bulk transportation, storage, or carrying of retail containers of milk, baked goods, eggs, or bottled beverage products;
(j) "Burnt wire," which is any metal that has been smelted, burned, or melted.
(3) "Bulk merchandise container" has the same meaning as in section 4737.012 of the Revised Code.
(4) "Bulk merchandise container dealer" means a dealer who is subject to section 4737.012 of the Revised Code.
A. Burnt wire is a special purchase item
A. CIMS will have images of Special Purchase Items posted in the near future
A. The revisions in the Scrap Law do not change any Junk or salvage vehicle laws
A. ORC 4737.045 (E) The director shall do all of the following:
(1) Develop and implement, by January I, 2014, and maintain as a registry a secure database for use by law enforcement agencies that is capable of all of the following:
(d) Receiving and securely storing all of the information required by division (A) of this section and the daily transaction data that scrap metal dealers and bulk merchandise dealers are required to send pursuant to division (E)(1) of section 4737.04 of the Revised Code;
(e) Providing secure search capabilities to law enforcement agencies for enforcement purposes;
(f) Creating a link and retransmission capability for receipt of routine scrap theft alerts published by the institute of scrap recycling industries for transmission to dealers and law enforcement agencies in the state;
(f) Making the electronic lists prepared pursuant to division (F)(2) of section 4737.04 of the Revised Code available through an electronic searchable format for individual law enforcement agencies and for dealers in the state;
(g) Providing, without charge, interlink programming enabling the transfer of information to dealers.
Note: The Director is required to provide without charge the interlink programming enabling the transfer of information to the dealers (the dealer must provide the software to link to Ohio Homeland Security). The State’s software has not been developed yet so don’t feel you must run out and buy software now. There is time to price and study software options!!