Regards building inspections, local regulations, and zoning

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 361

2025-2026

Representatives Lorenz, Fischer

To
amend sections 303.15, 519.15, 711.09, 3781.10
,
and 5552.02

and to enact sections 303.123, 519.123, 713.35, 3781.181
,
and 5552.12

of the Revised Code
regarding
building inspections, local regulations, and zoning.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 303.15, 519.15, 711.09, 3781.10
,
and 5552.02

be amended and sections 303.123, 519.123, 713.35, 3781.181
,
and 5552.12

of the Revised Code be enacted to read as follows:

Sec.
303.123.
(A)
As used in this section, "entitlement" means any
discretionary land use decision requiring an approval by a public
body or elected official, including, but not limited to, a variance,
special or conditional use, zoning change, planned unit development,
or other special approval.

(B)
Except as otherwise provided in the Revised Code, every entitlement
application shall receive at least one public hearing, which shall
occur not later than thirty days after the entitlement application is
submitted, and every entitlement application shall be resolved via
approval or denial not more than ninety days after the application is
filed. This section does not apply if an application is deviated from
the original submission. The county board or commission conducting
the hearing shall provide notice of the hearing not less than
fourteen days before the hearing, as follows:

(1)
To the owners of the property within the area proposed to be changed
or affected by the proposed entitlement change, to the owners of
property adjacent such area, and to the owners of property located
within two hundred fifty feet of such area, via a mailed postcard
that includes the date, time, and location of the hearing;

(2)
By posting one or more signs within the area proposed to be changed
or affected by the proposed entitlement change that include the date,
time, and location of the hearing;

(3)
By posting on the web site of the county, including the date, time,
and location of the hearing, a description of the proposed
entitlement change, and a web link to relevant documents.

Sec.
303.15.
The
county board of zoning appeals shall organize and adopt rules in
accordance with the zoning resolution. Meetings of the board of
zoning appeals shall be held at the call of the chairperson, and at
such other times as the board determines. The chairperson, or in the
chairperson's absence the acting chairperson, may administer oaths,
and the board of zoning appeals may compel the attendance of
witnesses. All meetings of the board of zoning appeals shall be open
to the public. The board of zoning appeals shall keep minutes of its
proceedings showing the vote of each regular or alternate member upon
each question, or, if absent or failing to vote, indicating such
fact, and shall keep records of its examinations and other official
actions, all of which shall be immediately filed in the office of the
board of county commissioners and be a public record.

Appeals
to the board of zoning appeals may be taken by any person aggrieved
or by any officer of the county affected by any decision of the
administrative officer. Such appeal shall be taken within twenty days
after the decision by filing, with the officer from whom the appeal
is taken and with the board of zoning appeals, a notice of appeal
specifying the grounds. The officer from whom the appeal is taken
shall transmit to the board of zoning appeals all the papers
constituting the record upon which the action appealed from was
taken.

The
board of zoning appeals shall fix a reasonable time for the public
hearing of the appeal
,

and shall

give
at
least ten days'
notice

in
writing to the parties in interest, and give notice of such public
hearing by one publication at least ten days before the date of such
hearing, using at least one of the following methods:

(A)
In the print or digital edition of a newspaper of general circulation
within the county;

(B)
On the official public notice web site established under section
125.182 of the Revised Code;

(C)
On the web site and social media account of the county
as
specified in section 303.123 of the Revised Code
.

Upon
the hearing, any person may appear in person or by attorney.

The
boards of zoning appeals shall decide the appeal
within
a reasonable time
not
more than thirty calendar days
after
it is submitted.

Sec.
519.123.
(A)
As used in this section, "entitlement" means any
discretionary land use decision requiring an approval by a public
body or elected official, including, but not limited to, a variance,
special or conditional use, zoning change, planned unit development,
or other special approval.

(B)
Except as otherwise provided in the Revised Code, every entitlement
application shall receive at least one public hearing, which shall
occur not later than thirty days after the entitlement application is
submitted, and every entitlement application shall be resolved via
approval or denial not more than ninety days after the application is
filed. This section does not apply if an application is deviated from
the original submission. The township board or commission conducting
the hearing shall provide notice of the hearing not less than
fourteen days before the hearing, as follows:

(1)
To the owners of the property within the area proposed to be changed
or affected by the proposed entitlement change, to the owners of
property adjacent such area, and to the owners of property located
within two hundred fifty feet of such area, via a mailed postcard
that includes the date, time, and location of the hearing;

(2)
By posting one or more signs within the area proposed to be changed
or affected by the proposed entitlement change that include the date,
time, and location of the hearing;

(3)
By posting on the web site of the township, including the date, time,
and location of the hearing, a description of the proposed
entitlement change, and a web link to relevant documents.

Sec.
519.15.
The
township board of zoning appeals shall organize and adopt rules in
accordance with the zoning resolution. Meetings of the board of
zoning appeals shall be held at the call of the chairperson, and at
such other times as the board determines. The chairperson, or in the
chairperson's absence the acting chairperson, may administer oaths,
and the board of zoning appeals may compel the attendance of
witnesses. All meetings of the board of zoning appeals shall be open
to the public. The board of zoning appeals shall keep minutes of its
proceedings showing the vote of each regular or alternate member upon
each question, or, if absent or failing to vote, indicating such
fact, and shall keep records of its examinations and other official
actions, all of which shall be immediately filed in the office of the
board of township trustees and be a public record.

Appeals
to the board of zoning appeals may be taken by any person aggrieved
or by any officer of the township affected by any decision of the
administrative officer. Such appeal shall be taken within twenty days
after the decision by filing, with the officer from whom the appeal
is taken and with the board of zoning appeals, a notice of appeal
specifying the grounds. The officer from whom the appeal is taken
shall transmit to the board of zoning appeals all the papers
constituting the record upon which the action appealed from was
taken.

The
board of zoning appeals shall fix a reasonable time for the public
hearing of the appeal
,

and shall

give
at
least ten days'
notice

in
writing to the parties in interest, publish notice of such public
hearing at least ten days before the date of such hearing using at
least one of the following methods:

(A)
In the print or digital edition of one or more newspapers of general
circulation in the county;

(B)
On the official public notice web site established under section
125.182 of the Revised Code;

(C)
On the web site and social media account of the township
as
specified in section 519.123 of the Revised Code
.

The
board shall decide the appeal
within
a reasonable time
not
more than thirty calendar days
after
it is submitted. Upon the hearing, any person may appear in person or
by attorney.

The
board of township trustees may require a person making an appeal to
pay a fee to defray the cost of
advertising,
mailing,
providing
notices

and other expenses.

Sec.
711.09.
(A)(1)
Except as otherwise provided in division (A)(2) of this section, when
a city planning commission adopts a plan for the major streets or
thoroughfares and for the parks and other open public grounds of a
city or any part of it, or for the unincorporated territory within
three miles of the corporate limits of a city or any part of it, then
no plat of a subdivision of land within that city or territory shall
be recorded until it has been approved by the city planning
commission and that approval endorsed in writing on the plat. If the
land lies within three miles of more than one city, then division
(A)(1) of this section applies to the approval of the planning
commission of the city whose boundary is nearest to the land.

(2)
Division (A)(1) of this section does not apply to any unincorporated
territory when all of the following conditions are met:

(a)
The township in which the territory is located has a zoning
resolution covering all the unincorporated territory in the township.

(b)
The county in which the territory is located has a county or regional
planning commission.

(c)
Subdivision regulations other than municipal subdivision regulations
are in effect in the county in which the unincorporated territory is
located.

When
all of these conditions are met, no plat of a subdivision of land in
that unincorporated territory shall be recorded until it has been
approved by the county or regional planning commission as provided in
section 711.10 of the Revised Code.

(B)(1)
Except as otherwise provided in division (B)(2) of this section, when
a village planning commission, a platting commissioner, or, if there
is no commission or commissioner, the legislative authority of a
village, adopts a plan for the major streets or thoroughfares and for
the parks and other public grounds of a village or any part of it,
then no plat of a subdivision of land within that village shall be
recorded until it has been approved by the village commission,
commissioner, or legislative authority and that approval endorsed in
writing on the plat. If the county in which the village lies contains
no cities, has no county subdivision regulations in effect, and the
village commission, commissioner, or legislative authority adopts a
plan for the major streets or thoroughfares and for the parks and
other public grounds for the unincorporated territory within one and
one-half miles of the corporate limits of the village or any part of
it, then no plat of a subdivision of land shall be recorded until it
has been approved by the village commission, commissioner, or
legislative authority and that approval is endorsed in writing on the
plat. If the land lies within one and one-half miles of more than one
village, then division (B)(1) of this section applies to the approval
of the commission, commissioner, or legislative authority of the
village whose boundary is nearest to the land.

(2)
Division (B)(1) of this section does not apply to any unincorporated
territory when both of the following conditions are met:

(a)
The township in which the territory is located has a zoning
resolution covering all the unincorporated territory in the township.

(b)
The county in which the territory is located has a county or regional
planning commission.

When
both of these conditions are met, no plat of a subdivision of land in
that unincorporated territory shall be recorded until it has been
approved by the county or regional planning commission as provided in
section 711.10 of the Revised Code.

(C)
The approval of the planning commission, the platting commissioner,
or the legislative authority of a village required by this section,
or the refusal to approve, shall be endorsed on the plat within

thirty

ninety

days
after the submission of the plat for approval or within such further
time as the applying party may agree to; otherwise that plat is
deemed approved, and the certificate of the planning commission, the
platting commissioner, or the clerk of the legislative authority, as
to the date of the submission of the plat for approval and the
failure to take action on it within that time, shall be issued on
demand and shall be sufficient in lieu of the written endorsement or
other evidence of approval required by this section. The planning
commission, platting commissioner, or legislative authority of a
village shall not require a person submitting a plat to alter the
plat or any part of it as a condition for approval, as long as the
plat is in accordance with the general rules governing plats and
subdivisions of land, adopted as provided in this section, in effect
at the time the plat was submitted. The ground of refusal or approval
of any plat submitted, including citation of or reference to the rule
violated by the plat, shall be stated upon the record of the
commission, commissioner, or legislative authority. Within sixty days
after refusal, the person submitting any plat that the commission,
commissioner, or legislative authority refuses to approve may file a
petition in the court of common pleas of the proper county, in which
the person shall be named plaintiff. The petition shall contain a
copy of the plat sought to be recorded, a statement of the facts
justifying the propriety and reasonableness of the proposed
subdivision, and a prayer for an order directed to the recorder to
record the plat and may include a statement of facts to support a
claim that the rules of the planning authority under which it refused
to approve the plat are unreasonable or unlawful. The planning
authority refusing to approve the plat and the recorder of the county
shall be joined as defendants and summons shall be issued upon those
defendants as in civil actions. Within the rule day provided for a
civil action, the planning authority may file an answer in which it
may set forth a statement of the facts justifying its refusal to
approve the plat, a copy of its rule under which it refused to
approve the plat, and a statement of the facts supporting the
reasonableness and lawfulness of that rule. The court shall hear the
matter upon such evidence as is introduced by either party and the
planning authority may introduce as a part of its case a complete
transcript of any proceedings had before it. Any detail of the plat
may be modified upon motion of the plaintiff before the cause is
submitted to the court. If the court finds that the prayer for the
recording of the plat or any modification of it as may be agreed to
or proposed by the plaintiff, is supported by a preponderance of the
evidence, it shall enter an order directed to the recorder to record
the plat as originally submitted or as agreed to be modified.
Otherwise, the petition shall be dismissed. The court shall return a
separate finding upon the reasonableness and lawfulness of the
refusal to approve the plat or upon the reasonableness and lawfulness
of the rule under which the planning authority refused to approve the
plat or both, as the case may require. The judgment or order of the
court may be appealed by either party on questions of law as in other
civil cases.

The
planning commission, platting commissioner, or legislative authority
of a village may adopt general rules governing plats and subdivisions
of land falling within its jurisdiction in order to secure and
provide for the coordination of the streets within the subdivision
with existing streets and roads or with the plan or plats of the
municipal corporation, for the proper amount of open spaces for
traffic, circulation, and utilities, and for the avoidance of future
congestion of population detrimental to the public health or safety
but shall not impose a greater minimum lot area than forty-eight
hundred square feet. The rules may provide for their modification by
the planning commission in specific cases where unusual topographical
or other exceptional conditions require the modification. The rules
may require the county department of health to review and comment on
a plat before the planning commission, platting commissioner, or
legislative authority of a village acts upon it and may also require
proof of compliance with any applicable zoning resolutions as a basis
for approval of a plat.

However,
no city or village planning commission shall adopt any rules
requiring actual construction of streets or other improvements or
facilities or assurance of that construction as a condition precedent
to the approval of a plat of a subdivision unless the requirements
have first been adopted by the legislative authority of the city or
village after a public hearing. The rules shall be promulgated and
published as provided by sections 731.17 to 731.42 of the Revised
Code, and before adoption a public hearing shall be held on the
adoption and a copy of the rules shall be certified by the
commission, commissioner, or legislative authority to the county
recorder of the county in which the municipal corporation is located.

In
the exercise of any power over or concerning the platting and
subdivision of land or the recording of plats of subdivisions by a
city, county, regional, or other planning commission pursuant to any
other section of the Revised Code, the provisions of this section
with respect to appeals from a decision of a planning commission
apply to the decision of any such commission in the exercise of any
power of that kind granted by any other section of the Revised Code
in addition to any other remedy of appeal granted by the Revised
Code. When a plan has been adopted as provided in this section, the
approval of plats shall be in lieu of the approvals provided for by
any other section of the Revised Code, so far as territory within the
approving jurisdiction of the commission, commissioner, or
legislative authority, as provided in this section, is concerned.
Approval of a plat shall not be an acceptance by the public of the
dedication of any street, highway, or other way or open space shown
upon the plat.

(D)
This section does not apply to unincorporated territory in any county
having five or more cities and having a regional planning commission
or county planning commission not included within the geographic
boundaries of a regional planning commission, where the regional or
county planning commission has determined, by resolution, to exercise
the authority granted under section 711.10 of the Revised Code for
the unincorporated territory within three miles of cities within that
county.

Sec.
713.35.
(A)
As used in this section, "entitlement" means any
discretionary land use decision requiring an approval by a public
body or elected official, including, but not limited to, a variance,
special or conditional use, zoning change, planned unit development,
or other special approval.

(B)
Except as otherwise provided in the Revised Code, every entitlement
application shall receive at least one public hearing, which shall
occur not later than thirty days after the entitlement application is
submitted, and every entitlement application shall be resolved via
approval or denial not more than ninety days after the application is
filed. This section does not apply if an application is deviated from
the original submission. The municipal board or commission conducting
the hearing shall provide notice of the hearing not less than
fourteen days before the hearing, as follows:

(1)
To the owners of the property within the area proposed to be changed
or affected by the proposed entitlement change, to the owners of
property adjacent such area, and to the owners of property located
within two hundred fifty feet of such area, via a mailed postcard
that includes the date, time, and location of the hearing;

(2)
By posting one or more signs within the area proposed to be changed
or affected by the proposed entitlement change that include the date,
time, and location of the hearing;

(3)
By posting on the web site of the municipal corporation, including
the date, time, and location of the hearing, a description of the
proposed entitlement change, and a web link to relevant documents.

Sec.
3781.10.
(A)(1)
The board of building standards shall formulate and adopt rules
governing the erection, construction, repair, alteration, and
maintenance of all buildings or classes of buildings specified in
section 3781.06 of the Revised Code, including land area incidental
to those buildings, the construction of industrialized units, the
installation of equipment, and the standards or requirements for
materials used in connection with those buildings. The board shall
incorporate those rules into separate residential and nonresidential
building codes. The standards shall relate to the conservation of
energy and the safety and sanitation of those buildings.

(2)
The rules governing nonresidential buildings are the lawful minimum
requirements specified for those buildings and industrialized units,
except that no rule other than as provided in division (C) of section
3781.108 of the Revised Code that specifies a higher requirement than
is imposed by any section of the Revised Code is enforceable. The
rules governing residential buildings are uniform requirements for
residential buildings in any area with a building department
certified to enforce the state residential building code. In no case
shall any local code or regulation differ from the state residential
building code unless that code or regulation addresses subject matter
not addressed by the state residential building code or is adopted
pursuant to section 3781.01 of the Revised Code.

(3)
The rules adopted pursuant to this section are complete, lawful
alternatives to any requirements specified for buildings or
industrialized units in any section of the Revised Code. Except as
otherwise provided in division (I) of this section, the board shall,
on its own motion or on application made under sections 3781.12 and
3781.13 of the Revised Code, formulate, propose, adopt, modify,
amend, or repeal the rules to the extent necessary or desirable to
effectuate the purposes of sections 3781.06 to 3781.18 of the Revised
Code.

(B)
The board shall report to the general assembly proposals for
amendments to existing statutes relating to the purposes declared in
section 3781.06 of the Revised Code that public health and safety and
the development of the arts require and shall recommend any
additional legislation to assist in carrying out fully, in statutory
form, the purposes declared in that section. The board shall prepare
and submit to the general assembly a summary report of the number,
nature, and disposition of the petitions filed under sections 3781.13
and 3781.14 of the Revised Code.

(C)
On its own motion or on application made under sections 3781.12 and
3781.13 of the Revised Code, and after thorough testing and
evaluation, the board shall determine by rule that any particular
fixture, device, material, process of manufacture, manufactured unit
or component, method of manufacture, system, or method of
construction complies with performance standards adopted pursuant to
section 3781.11 of the Revised Code. The board shall make its
determination with regard to adaptability for safe and sanitary
erection, use, or construction, to that described in any section of
the Revised Code, wherever the use of a fixture, device, material,
method of manufacture, system, or method of construction described in
that section of the Revised Code is permitted by law. The board shall
amend or annul any rule or issue an authorization for the use of a
new material or manufactured unit on any like application. No
department, officer, board, or commission of the state other than the
board of building standards or the board of building appeals shall
permit the use of any fixture, device, material, method of
manufacture, newly designed product, system, or method of
construction at variance with what is described in any rule the board
of building standards adopts or issues or that is authorized by any
section of the Revised Code. Nothing in this section shall be
construed as requiring approval, by rule, of plans for an
industrialized unit that conforms with the rules the board of
building standards adopts pursuant to section 3781.11 of the Revised
Code.

(D)
The board shall recommend rules, codes, and standards to help carry
out the purposes of section 3781.06 of the Revised Code and to help
secure uniformity of state administrative rulings and local
legislation and administrative action to the bureau of workers'
compensation, the director of commerce, any other department,
officer, board, or commission of the state, and to legislative
authorities and building departments of counties, townships, and
municipal corporations, and shall recommend that they audit those
recommended rules, codes, and standards by any appropriate action
that they are allowed pursuant to law or the constitution.

(E)(1)
The board shall certify municipal, township, and county building
departments, the personnel of those building departments, persons
described in division (E)(7) of this section, and employees of
individuals, firms, the state, or corporations described in division
(E)(7) of this section to exercise enforcement authority, to accept
and approve plans and specifications, and to make inspections,
pursuant to sections 3781.03, 3791.04, and 4104.43 of the Revised
Code.

(2)
The board shall certify departments, personnel, and persons to
enforce the state residential building code, to enforce the
nonresidential building code, or to enforce both the residential and
the nonresidential building codes. Any department, personnel, or
person may enforce only the type of building code for which
certified.

(3)
(3)(a)

The board shall not require a building department, its personnel, or
any persons that it employs to be certified for residential building
code enforcement if that building department does not enforce the
state residential building code.
The

(b)
The
board
shall specify, in rules adopted pursuant to Chapter 119. of the
Revised Code, the requirements for certification for residential and
nonresidential building code enforcement, which shall be consistent
with
this

division

(E)(3) of this section
.

The

(c)
Rules adopted under division (E)(3)(b) of this section related to
residential and nonresidential building code enforcement shall make
the certification process as accessible as possible, while still
ensuring that certificate holders are adequately qualified to enforce
compliance with the state's residential and nonresidential building
standards.

(d)
The
requirements
for residential and nonresidential certification may differ.
Except

(e)
Except
as
otherwise provided in this division, the requirements shall include,
but are not limited to, the satisfactory completion of an initial
examination and, to remain certified, the completion of a specified
number of hours of continuing building code education within each
three-year period following the date of certification which shall be
not less than thirty hours.
The

(f)
The
rules
shall provide that continuing education credits and certification
issued by the council of American building officials, national model
code organizations, and agencies or entities the board recognizes are
acceptable for purposes of
this

division

(E)(3) of this section
.

The

(g)
The
rules
shall specify requirements that are consistent with the provisions of
section 5903.12 of the Revised Code relating to active duty military
service and are compatible, to the extent possible, with requirements
the council of American building officials and national model code
organizations establish.

(4)
The board shall establish and collect a certification and renewal fee
for building department personnel, and persons and employees of
persons, firms, or corporations as described in this section, who are
certified pursuant to this division.

(5)
Any individual certified pursuant to this division shall complete the
number of hours of continuing building code education that the board
requires or, for failure to do so, forfeit certification.

(6)
This division does not require or authorize the board to certify
personnel of municipal, township, and county building departments,
and persons and employees of persons, firms, or corporations as
described in this section, whose responsibilities do not include the
exercise of enforcement authority, the approval of plans and
specifications, or making inspections under the state residential and
nonresidential building codes.

(7)
Enforcement authority for approval of plans and specifications and
enforcement authority for inspections may be exercised, and plans and
specifications may be approved and inspections may be made on behalf
of a municipal corporation, township, or county, by any of the
following who the board of building standards certifies:

(a)
Officers or employees of the municipal corporation, township, or
county;

(b)
Persons, or employees of persons, firms, or corporations, pursuant to
a contract to furnish architectural, engineering, or other services
to the municipal corporation, township, or county;

(c)
Officers or employees of, and persons under contract with, a
municipal corporation, township, county, health district, or other
political subdivision, pursuant to a contract to furnish
architectural, engineering, or other services;

(d)
Officers or employees of the division of industrial compliance in the
department of commerce pursuant to a contract authorized by division
(B) of section 121.083 of the Revised Code
;

(e)
Persons, or employees of persons, firms, or corporations, or officers
or employees of other municipal corporations, townships, or counties
certified by the board of building standards to make inspections
under the conditions established in rules adopted under division
(E)(11)(c) of this section
.

(8)
Municipal, township, and county building departments have
jurisdiction within the meaning of sections 3781.03, 3791.04, and
4104.43 of the Revised Code, only with respect to the types of
buildings and subject matters for which they are certified under this
section.

(9)
A certified municipal, township, or county building department may
exercise enforcement authority, accept and approve plans and
specifications, and make inspections pursuant to sections 3781.03,
3791.04, and 4104.43 of the Revised Code for a park district created
pursuant to Chapter 1545. of the Revised Code upon the approval, by
resolution, of the board of park commissioners of the park district
requesting the department to exercise that authority and conduct
those activities, as applicable.

(10)
Certification shall be granted upon application by the municipal
corporation, the board of township trustees, or the board of county
commissioners and approval of that application by the board of
building standards. The application shall set forth:

(a)
Whether the certification is requested for residential or
nonresidential buildings, or both;

(b)
The number and qualifications of the staff composing the building
department;

(c)
The names, addresses, and qualifications of persons, firms, or
corporations contracting to furnish work or services pursuant to
division (E)(7)(b) of this section;

(d)
The names of any other municipal corporation, township, county,
health district, or political subdivision under contract to furnish
work or services pursuant to division (E)(7) of this section;

(e)
The proposed budget for the operation of the building department.

(11)
The board of building standards shall adopt rules governing all of
the following:

(a)
The certification of building department personnel and persons and
employees of persons, firms, or corporations exercising authority
pursuant to division (E)(7) of this section. The rules shall
disqualify any employee of the department or person who contracts for
services with the department
or
the general contractor, owner, or applicant under section 3781.181 of
the Revised Code,
from
performing services for the department
or
the general contractor, owner, or applicant
when
that employee or person would have to pass upon, inspect, or
otherwise exercise authority over any labor, material, or equipment
the employee or person furnishes for the construction, alteration, or
maintenance of a building or the preparation of working drawings or
specifications for work within the jurisdictional area of the
department.
The

Except
in the case of a contract under section 3781.181 of the Revised Code,
the
department
shall provide other similarly qualified personnel to enforce the
residential and nonresidential building codes as they pertain to that
work.

(b)
The minimum services to be provided by a certified building
department
;

(c)
Rules necessary to implement section 3781.181 of the Revised Code
.

(12)
The board of building standards may revoke or suspend certification
to enforce the residential and nonresidential building codes, on
petition to the board by any person affected by that enforcement or
approval of plans, or by the board on its own motion. Hearings shall
be held and appeals permitted on any proceedings for certification or
revocation or suspension of certification in the same manner as
provided in section 3781.101 of the Revised Code for other
proceedings of the board of building standards.

(13)
Upon certification, and until that authority is revoked, any county
or township building department shall enforce the residential and
nonresidential building codes for which it is certified without
regard to limitation upon the authority of boards of county
commissioners under Chapter 307. of the Revised Code or boards of
township trustees under Chapter 505. of the Revised Code.

(14)
The board shall certify a person to exercise enforcement authority,
to accept and approve plans and specifications, or to make
inspections in this state in accordance with Chapter 4796. of the
Revised Code if either of the following applies:

(a)
The person holds a license or certificate in another state.

(b)
The person has satisfactory work experience, a government
certification, or a private certification as described in that
chapter in the same profession, occupation, or occupational activity
as the profession, occupation, or occupational activity for which the
certificate is required in this state in a state that does not issue
that license or certificate.

(F)
In addition to hearings sections 3781.06 to 3781.18 and 3791.04 of
the Revised Code require, the board of building standards shall make
investigations and tests, and require from other state departments,
officers, boards, and commissions information the board considers
necessary or desirable to assist it in the discharge of any duty or
the exercise of any power mentioned in this section or in sections
3781.06 to 3781.18, 3791.04, and 4104.43 of the Revised Code.

(G)
The board shall adopt rules and establish reasonable fees for the
review of all applications submitted where the applicant applies for
authority to use a new material, assembly, or product of a
manufacturing process. The fee shall bear some reasonable
relationship to the cost of the review or testing of the materials,
assembly, or products and for the notification of approval or
disapproval as provided in section 3781.12 of the Revised Code.

(H)
The residential construction advisory committee shall provide the
board with a proposal for a state residential building code that the
committee recommends pursuant to division (D)(1) of section 4740.14
of the Revised Code. Upon receiving a recommendation from the
committee that is acceptable to the board, the board shall adopt
rules establishing that code as the state residential building code.

(I)(1)
The committee may provide the board with proposed rules to update or
amend the state residential building code that the committee
recommends pursuant to division (E) of section 4740.14 of the Revised
Code.

(2)
If the board receives a proposed rule to update or amend the state
residential building code as provided in division (I)(1) of this
section, the board either may accept or reject the proposed rule for
incorporation into the residential building code. If the board does
not act to either accept or reject the proposed rule within ninety
days after receiving the proposed rule from the committee as
described in division (I)(1) of this section, the proposed rule shall
become part of the residential building code.

(J)
The board shall cooperate with the director of children and youth
when the director promulgates rules pursuant to section 5104.05 of
the Revised Code regarding safety and sanitation in type A family
child care homes.

(K)
The board shall adopt rules to implement the requirements of section
3781.108 of the Revised Code.

Sec.
3781.181.
(A)
As used in this section:

(1)
"Nonresidential building" and "residential building"
have the same meanings as in section 3781.06 of the Revised Code.

(2)
"Owner" means the fee owner of any building or structure.

(3)
"Third-party private inspector" means an inspector that is
certified under section 3781.10 of the Revised Code to to accept and
approve plans and specifications, and to make inspections of
residential or nonresidential building construction projects but who
is not directly employed by a governmental entity.

(B)
A building department having jurisdiction with respect to a
residential or nonresidential building shall review plans and perform
inspections of residential and nonresidential building construction
projects within thirty days after receiving a plan review or
inspection request.

(C)(1)
The board of building standards may maintain a list of third-party
private inspectors and building departments that are certified by the
board to conduct plan review or to provide inspections for
residential and nonresidential buildings.

(2)
If the board maintains a list pursuant to division (C)(1) of this
section, the list shall include for each third-party private
inspector all of the following:

(a)
Whether the third-party private inspector is certified to conduct
plan review, provide inspections, or both;

(b)
Whether the third-party private inspector is certified to provide
services for residential buildings, nonresidential buildings, or
both;

(c)
Any other limitations on the third-party private inspector's
authority to provide services under this section.

(3)
The list shall be published to a publicly accessible web site
maintained by the board.

(D)(1)
If the building department having jurisdiction does not timely
conduct the plan review or inspection in accordance with division (B)
of this section, the general contractor or owner of the residential
or nonresidential building construction project or the applicant for
the plan review or inspection may notify the board of building
standards and the building department having jurisdiction that the
general contractor, owner, or applicant intends to contract for an
independent plan review or inspection.

(2)
After sending notice, the general contractor, owner, or applicant may
enter into a contract with a qualified third-party private inspector
or a building department to conduct the plan review or inspection of
the residential or nonresidential building construction project.

(3)
Within fifteen days after receiving the plan review or inspection,
the general contractor, owner, or applicant shall pay both of the
following:

(a)
Any fee contracted for by the third-party private inspector or
certified building department for the independent plan review or
inspection under division (D)(2) of this section;

(b)
Any fee charged by the building department having jurisdiction that
is customary for the approval of a plan review or inspection,
including an administrative or filing fee, but excluding any fee
related to the actual plan review or inspection.

(4)
A third-party private inspector or an inspector employed by a
certified building department shall send the results to the building
department having jurisdiction within twenty-four hours after
completing an independent plan review or inspection.

(5)
The building department having jurisdiction shall not require a
general contractor, owner, or applicant to obtain a building permit
sooner than one hundred eighty days after a third-party private
inspector or an inspector employed by a certified building department
approves plans submitted under this section.

(6)
Plan approvals for fire and sprinkler plans shall not interfere with
the issuance of a certificate of plan approval or a building permit.

(7)
The chief building official of the building department with
jurisdiction may prohibit final occupancy if plans have not been
approved for a project, as directed by the chief building official.

(8)
The rules adopted by the board of building standards under section
3781.10 of the Revised Code shall prescribe procedures for the review
and processing of plan review and inspection reports by the building
official of the building department having jurisdiction.

Sec.
5552.02.
(A)
Except as provided in divisions (C) and (D) of this section, for the
purposes of promoting traffic safety and efficiency and maintaining
proper traffic capacity and traffic flow, a board of township
trustees may adopt, by resolution, regulations for the management of
access onto township roads in the unincorporated area of the township
in accordance with sections 5552.05 and 5552.06 of the Revised Code.
As part of those regulations, the board may require permits,
including interim and temporary permits, for the construction,
reconstruction, use, and maintenance of any point of access from
public or private property onto those township roads. If the board
adopts regulations that require permits, the regulations shall
include standards that will be used for the approval or denial of a
permit. Any regulations regarding the approval or denial of a permit
shall specify a reasonable period for the approval or denial and
shall provide that a failure to approve or deny, in whole or in part,
any permit, license, or other approval sought within that period
shall constitute a granting of approval for the permit, license, or
other approval.

Notwithstanding
anything to the contrary in this division, a board of township
trustees of a township other than an urban township may not adopt
regulations authorized by this division until the date that is one
year after
the
effective date of this section

October 24, 2002
,
and then only if the county does not adopt or initiate the process of
adopting regulations under division (B) of this section within that
one-year period. If the county initiates the process of adopting
regulations under division (B) of this section within that one-year
period but does not actually adopt regulations under division (B) of
this section within two years after
the
effective date of this section

October 24, 2002
,
the township may adopt regulations authorized by this division on or
after the date that is two years after
the
effective date of this section

October 24, 2002
.

(B)
For the purposes of promoting traffic safety and efficiency and
maintaining proper traffic capacity and traffic flow, the board of
county commissioners may adopt, by resolution, regulations for the
management of access onto county and township roads in the
unincorporated area of the county in accordance with sections 5552.04
and 5552.06 of the Revised Code. As part of those regulations, the
board may require permits, including interim and temporary permits,
for the construction, reconstruction, use, and maintenance of any
point of access from public or private property onto those county and
township roads. If the board adopts regulations that require permits,
the regulations shall include standards that will be used for the
approval or denial of a permit. Any regulations regarding the
approval or denial of a permit shall specify a reasonable period for
the approval or denial and shall provide that a failure to approve or
deny, in whole or in part, any permit, license, or other approval
sought within that period shall constitute a granting of approval for
the permit, license, or other approval.

The
same county regulations that apply to county roads shall apply to
township roads. Except as provided in divisions (C) and (D) of this
section, upon their effective date, the county regulations shall
apply to all county and township roads in the unincorporated area of
the county.

(C)
On or after the appropriate date provided in division (A) of this
section for adopting regulations under that division, the board of
township trustees of a township other than an urban township may
adopt the regulations authorized by that division. If such a board of
township trustees adopts regulations, and a board of county
commissioners later adopts regulations under division (B) of this
section that apply to the same township roads, then, one year after
the effective date of the county regulations, the regulations adopted
by the board of township trustees shall be void, and the regulations
adopted by the board of county commissioners shall apply to those
township roads. However, the board of township trustees may establish
an earlier date for the county regulations to take effect and the
township regulations to be void by adopting a resolution establishing
an earlier date and sending a certified copy of that resolution to
the board of county commissioners.

(D)
Except as otherwise provided in this division, if an urban township
adopts regulations under division (A) of this section and the county
also adopts regulations under division (B) of this section that
affect township roads in that township, the county regulations shall
have no effect on the township roads in that township. If the urban
township adopts its regulations after the county adopts its
regulations, however, the county regulations shall remain in effect
for one year after the township regulations are adopted unless the
board of county commissioners establishes an earlier date for the
county regulations to expire within that urban township. After the
earlier established date or one year, whichever is applicable, only
the township regulations shall apply to the township roads in that
urban township, although the county regulations shall continue to
apply to the county roads in that urban township.

(E)
(E)(1)

Any county regulations adopted under this section shall be, to the
extent possible, consistent with county zoning regulations and
coordinated with any existing township zoning regulations. Any
township regulations adopted under this section shall be, to the
extent possible, consistent with any county or township zoning
regulations in effect in the township.

(2)
Any county or township regulations adopted or modified under this
section shall not establish standards that are stricter than the
corresponding state and federal regulations for similar points of
access from public or private property onto similar public streets
and highways.

Sec.
5552.12.
A
board of county commissioners or board of township trustees that
adopts access management regulations under section 5552.02 of the
Revised Code shall require any necessary traffic studies related to
the construction, reconstruction, use, and maintenance of any point
of access from public or private property onto those county and
township roads to be completed not later than forty-five days after
the permit application is submitted.

Section
2.
That
existing sections 303.15, 519.15, 711.09, 3781.10
,
and 5552.02

of the Revised Code are hereby repealed.