Enact the Build Smart Act

sb428_00_IN

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 428

2025-2026

Senator Reynolds

To
amend sections 307.37, 715.27, 1312.01, 1312.02, 1506.01, 2711.02,
3709.091, 3718.01, 3718.023, 3781.06, 3781.10, 3781.102, and 4722.01
and to enact sections 3781.1012 and 4722.09 of the Revised Code
to
apply the residential building code and various other laws to
four-family dwellings, to permit certain buildings to have a single
stairway exit, and to name this act the Build Smart Act.

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

Section
1.
That
sections 307.37, 715.27, 1312.01, 1312.02, 1506.01, 2711.02,
3709.091, 3718.01, 3718.023, 3781.06, 3781.10, 3781.102, and 4722.01
be amended and sections 3781.1012 and 4722.09 of the Revised Code be
enacted to read as follows:

Sec.
307.37.
(A)
As used in division (B)(3) of this section, "proposed new
construction" means a proposal to erect, construct, repair,
alter, redevelop, or maintain a single-family, two-family,
or

three-family
,
or four-family

dwelling or any structure that is regulated by the Ohio building
code.

(B)(1)(a)
The board of county commissioners may adopt local residential
building regulations governing residential buildings as defined in
section 3781.06 of the Revised Code, to be enforced within the
unincorporated area of the county or within districts the board
establishes in any part of the unincorporated area. No local
residential building regulation shall differ from the state
residential building code the board of building standards establishes
pursuant to Chapter 3781. of the Revised Code unless the regulation
addresses subject matter not addressed by the state residential
building code or is adopted pursuant to section 3781.01 of the
Revised Code.

(b)
The board of county commissioners may, by resolution, adopt,
administer, and enforce within the unincorporated area of the county,
or within districts the board establishes in the unincorporated area,
an existing structures code pertaining to the repair and continued
maintenance of structures and the premises of those structures
provided that the existing structures code governs subject matter not
addressed by, and is not in conflict with, the state residential
building code adopted pursuant to Chapter 3781. of the Revised Code.
The board may adopt by incorporation by reference a model or standard
code prepared and promulgated by the state, any agency of this state,
or any private organization that publishes a recognized or standard
existing structures code.

(c)
The board shall assign the duties of administering and enforcing any
local residential building regulations or existing structures code to
a county officer or employee who is trained and qualified for those
duties and shall establish by resolution the minimum qualifications
necessary to perform those duties.

(2)
The board may adopt regulations for participation in the national
flood insurance program as defined in section 1521.01 of the Revised
Code and regulations for the purposes of section 1506.04 or 1506.07
of the Revised Code governing the prohibition, location, erection,
construction, redevelopment, or floodproofing of new buildings or
structures, substantial improvements to existing buildings or
structures, or other development in unincorporated territory within
flood hazard areas identified under the "Flood Disaster
Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002, as
amended, or within Lake Erie coastal erosion areas identified under
section 1506.06 of the Revised Code, including, but not limited to,
residential, commercial, institutional, or industrial buildings or
structures or other permanent structures, as defined in section
1506.01 of the Revised Code. Rules adopted under division (B)(2) of
this section shall not conflict with the state residential and
nonresidential building codes adopted pursuant to section 3781.10 of
the Revised Code.

(3)(a)
A board may adopt regulations that provide for a review of the
specific effects of a proposed new construction on existing surface
or subsurface drainage. The regulations may require reasonable
drainage mitigation and reasonable alteration of a proposed new
construction before a building permit is issued in order to prevent
or correct any adverse effects that the proposed new construction may
have on existing surface or subsurface drainage. The regulations
shall not be inconsistent with, more stringent than, or broader in
scope than standards adopted by the natural resource conservation
service in the United States department of agriculture concerning
drainage or rules adopted by the environmental protection agency for
reducing, controlling, or mitigating storm water runoff from
construction sites, where applicable. The regulations shall allow a
person who is registered under Chapter 4703. or 4733. of the Revised
Code to prepare and submit relevant plans and other documents for
review, provided that the person is authorized to prepare the plans
and other documents pursuant to the person's registration.

(b)
If regulations are adopted under division (B)(3) of this section, the
board shall specify in the regulations a procedure for the review of
the specific effects of a proposed new construction on existing
surface or subsurface drainage. The procedure shall include at a
minimum all of the following:

(i)
A meeting at which the proposed new construction shall be examined
for those specific effects. The meeting shall be held within thirty
days after an application for a building permit is filed or a review
is requested unless the applicant agrees in writing to extend that
time period or to postpone the meeting to another date, time, or
place. The meeting shall be scheduled within five days after an
application for a building permit is filed or a review is requested.

(ii)
Written notice of the date, time, and place of that meeting, sent by
regular mail to the applicant. The written notice shall be mailed at
least seven days before the scheduled meeting date.

(iii)
Completion of the review by the board of county commissioners not
later than thirty days after the application for a building permit is
filed or a review is requested unless the applicant has agreed in
writing to extend that time period or postpone the meeting to a later
time, in which case the review shall be completed not later than two
days after the date of the meeting. A complete review shall include
the issuance of any order of the board of county commissioners
regarding necessary reasonable drainage mitigation and necessary
reasonable alterations to the proposed new construction to prevent or
correct any adverse effects on existing surface or subsurface
drainage so long as those alterations comply with the state
residential and nonresidential building codes adopted pursuant to
section 3781.10 of the Revised Code. If the review is not completed
within the thirty-day period or an extended or postponed period that
the applicant has agreed to, the proposed new construction shall be
deemed to have no adverse effects on existing surface or subsurface
drainage, and those effects shall not be a valid basis for the denial
of a building permit.

(iv)
A written statement, provided to the applicant at the meeting or in
an order for alterations to a proposed new construction, informing
the applicant of the right to seek appellate review of the denial of
a building permit under division (B)(3)(b)(iii) of this section by
filing a petition in accordance with Chapter 2506. of the Revised
Code.

(c)
The regulations may authorize the board, after obtaining the advice
of the county engineer, to enter into an agreement with the county
engineer or another qualified person or entity to carry out any
necessary inspections and make evaluations about what, if any,
alterations are necessary to prevent or correct any adverse effects
that a proposed new construction may have on existing surface or
subsurface drainage.

(d)
Regulations adopted pursuant to division (B)(3) of this section shall
not apply to any property that a platting authority has approved
under section 711.05, 711.09, or 711.10 of the Revised Code and shall
not govern the same subject matter as the state residential or
nonresidential building codes adopted pursuant to section 3781.10 of
the Revised Code.

(e)
As used in division (B)(3) of this section, "subsurface
drainage" does not include a household sewage treatment system
as defined in section 3709.091 of the Revised Code.

(C)(1)
Any regulation, code, or amendment may be adopted under this section
only after a public hearing at not fewer than two regular or special
sessions of the board. The board shall cause notice of any public
hearing to be published once a week for the two consecutive weeks
immediately preceding the 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.

Any
notice of a public hearing shall include the time, date, and place of
the hearing.

(2)
Any proposed regulation, code, or amendment shall be made available
to the public at the board office. The regulations or amendments
shall take effect on the thirty-first day following the date of their
adoption.

(D)(1)
No person shall violate any regulation, code, or amendment the board
adopts under sections 307.37 to 307.40 of the Revised Code.

(2)
Each day during which an illegal location, erection, construction,
floodproofing, repair, alteration, development, redevelopment, or
maintenance continues may be considered a separate offense.

(E)
Regulations or amendments the board adopts pursuant to this section,
with the exception of an existing structures code, do not affect
buildings or structures that exist or on which construction has begun
on or before the date the board adopts the regulation or amendment.

(F)(1)
The board may create a building department and employ the personnel
it determines necessary to administer and enforce any local
residential building regulations or existing structures code the
board adopts pursuant to this section. The building department may
enforce the state residential and nonresidential building codes
adopted pursuant to Chapter 3781. of the Revised Code if the building
department is certified pursuant to section 3781.10 of the Revised
Code to enforce those codes.

(2)
The board may direct the building department, upon certification, to
exercise enforcement authority and to accept and approve plans
pursuant to sections 3781.03 and 3791.04 of the Revised Code for the
class of building for which the department and personnel are
certified.

Sec.
715.27.
(A)
Any municipal corporation may:

(1)
Regulate the erection of fences, billboards, signs, and other
structures, within the municipal corporation, and provide for the
removal and repair of insecure billboards, signs, and other
structures;

(2)
Regulate the construction and repair of wires, poles, plants, and all
equipment to be used for the generation and application of
electricity;

(3)
Provide for the licensing of house movers; plumbers; sewer tappers;
vault cleaners; and specialty contractors who are not required to
hold a valid license issued pursuant to Chapter 4740. of the Revised
Code;

(4)
Require all specialty contractors other than those who hold a valid
license issued pursuant to Chapter 4740. of the Revised Code, to
successfully complete an examination, test, or demonstration of
technical skills, and may impose a fee and additional requirements
for a license or registration to engage in their respective
occupations within the jurisdiction of the municipal corporation.

(B)
No municipal corporation shall require any specialty contractor who
holds a valid license issued pursuant to Chapter 4740. of the Revised
Code to complete an examination, test, or demonstration of technical
skills to engage in the type of contracting for which the license is
held, within the municipal corporation.

(C)
A municipal corporation may require a specialty contractor who holds
a valid license issued pursuant to Chapter 4740. of the Revised Code
to register with the municipal corporation and pay any fee the
municipal corporation imposes before that specialty contractor may
engage within the municipal corporation in the type of contracting
for which the license is held. Any fee shall be the same for all
specialty contractors who engage in the same type of contracting. A
municipal corporation may require a bond and proof of all of the
following:

(1)
Insurance pursuant to division (B)(4) of section 4740.06 of the
Revised Code;

(2)
Compliance with Chapters 4121. and 4123. of the Revised Code;

(3)
Registration with the tax department of the municipal corporation.

If
a municipal corporation requires registration, imposes such a fee, or
requires a bond or proof of the items listed in divisions (C)(1),
(2), and (3) of this section, the municipal corporation immediately
shall permit a contractor who presents proof of holding a valid
license issued pursuant to Chapter 4740. of the Revised Code, who
registers, pays the fee, obtains a bond, and submits the proof
described under divisions (C)(1), (2), and (3) of this section, as
required, to engage in the type of contracting for which the license
is held, within the municipal corporation.

(D)
A municipal corporation may revoke the registration of a contractor
registered with that municipal corporation for good cause shown. Good
cause shown includes the failure of a contractor to maintain a bond
or the items listed in divisions (C)(1), (2), and (3) of this
section, if the municipal corporation requires those.

(E)
A municipal corporation that licenses specialty contractors pursuant
to division (A)(3) of this section may accept, for purposes of
satisfying its licensing requirements, a valid license issued
pursuant to Chapter 4740. of the Revised Code that a specialty
contractor holds, for the construction, replacement, maintenance, or
repair of one-family, two-family,
or

three-family
,
or four-family

dwelling houses or accessory structures incidental to those dwelling
houses.

(F)
A municipal corporation shall not register a specialty contractor who
is required to hold a license under Chapter 4740. of the Revised Code
but does not hold a valid license issued under that chapter.

(G)
If a municipal corporation regulates a profession, occupation, or
occupational activity under this section, the municipal corporation
shall comply with Chapter 4796. of the Revised Code.

(H)
As used in this section, "specialty contractor" means a
heating, ventilating, and air conditioning contractor, refrigeration
contractor, electrical contractor, plumbing contractor, or hydronics
contractor, as those contractors are described in Chapter 4740. of
the Revised Code.

Sec.
1312.01.
As
used in this chapter:

(A)
"Construction defect" means a deficiency that arises
directly or indirectly out of the construction or the substantial
rehabilitation of a residential building. "Substantial
rehabilitation" includes the addition of a room and the removal
or installation of a wall, partition, or portion of the structural
design.

(B)
"Dwelling action" means any civil action in contract or
tort for damages or indemnity brought against a residential
contractor for damages or the loss of use of real property caused by
a construction defect.

(C)
"Owner" means an owner or a prospective owner of a
residential building or a dwelling unit in a residential building who
enters into a contract with a residential contractor for the
construction or substantial rehabilitation of that residential
building or unit.

(D)
"Residential building" means a structure that is a
one-family, two-family,
or

three-family
,
or four-family

dwelling house or a dwelling unit within that structure, any
accessory structures incidental to that dwelling house, and a unit in
a condominium development in which the owner holds title to that
unit. "Residential building" includes any structure that is
used as a model to promote the sale of a similar dwelling house.

(E)
"Residential contractor" means a person or entity who, for
pay, enters into a contract with an owner for the construction or the
substantial rehabilitation of a residential building and who has
primary responsibility for the construction or substantial
rehabilitation of a residential building.

(F)
"Accessory structure" has the same meaning as in section
3781.06 of the Revised Code.

Sec.
1312.02.
(A)

This
chapter applies only to an owner and a residential contractor who
enter into a contract for the construction or the substantial
rehabilitation of a residential building.

(B)
This chapter does not apply to a contract entered into prior to the
effective date of this amendment for the construction or substantial
rehabilitation of a four-family dwelling house, dwelling unit within
that house, or any accessory structures incidental to that house.

Sec.
1506.01.
As
used in this chapter:

(A)
"Coastal area" means the waters of Lake Erie, the islands
in the lake, and the lands under and adjacent to the lake, including
transitional areas, wetlands, and beaches. The coastal area extends
in Lake Erie to the international boundary line between the United
States and Canada and landward only to the extent necessary to
include shorelands, the uses of which have a direct and significant
impact on coastal waters as determined by the director of natural
resources.

(B)
"Coastal management program" means the comprehensive action
of the state and its political subdivisions cooperatively to
preserve, protect, develop, restore, or enhance the resources of the
coastal area and to ensure wise use of the land and water resources
of the coastal area, giving attention to natural, cultural, historic,
and aesthetic values; agricultural, recreational, energy, and
economic needs; and the national interest. "Coastal management
program" includes the establishment of objectives, policies,
standards, and criteria concerning, without limitation, protection of
air, water, wildlife, rare and endangered species, wetlands and
natural areas, and other natural resources in the coastal area;
management of coastal development and redevelopment; preservation and
restoration of historic, cultural, and aesthetic coastal features;
and public access to the coastal area for recreation purposes.

(C)
"Coastal management program document" means a comprehensive
statement consisting of, without limitation, text, maps, and
illustrations that is adopted by the director in accordance with this
chapter, describes the objectives, policies, standards, and criteria
of the coastal management program for guiding public and private uses
of lands and waters in the coastal area, lists the governmental
agencies, including, without limitation, state agencies, involved in
implementing the coastal management program, describes their
applicable policies and programs, and cites the statutes and rules
under which they may adopt and implement those policies and programs.

(D)
"Person" means any agency of this state, any political
subdivision of this state or of the United States, and any legal
entity defined as a person under section 1.59 of the Revised Code.

(E)
"Director" means the director of natural resources or the
director's designee.

(F)
"Permanent structure" means any residential, commercial,
industrial, institutional, or agricultural building, any mobile home
as defined in division (O) of section 4501.01 of the Revised Code,
any manufactured home as defined in division (C)(4) of section
3781.06 of the Revised Code, and any septic system that receives
sewage from a single-family, two-family,
or

three-family
,
or four-family

dwelling, but does not include any recreational vehicle as defined in
section 4501.01 of the Revised Code.

(G)
"State agency" or "agency of the state" has the
same meaning as "agency" as defined in section 111.15 of
the Revised Code.

(H)
"Coastal flood hazard area" means any territory within the
coastal area that has been identified as a flood hazard area under
the "Flood Disaster Protection Act of 1973," 87 Stat. 975,
42 U.S.C.A. 4002, as amended.

(I)
"Coastal erosion area" means any territory included in Lake
Erie coastal erosion areas identified by the director under section
1506.06 of the Revised Code.

(J)
"Conservancy district" means a conservancy district that is
established under Chapter 6101. of the Revised Code.

(K)
"Park board" means the board of park commissioners of a
park district that is created under Chapter 1545. of the Revised
Code.

(L)
"Erosion control structure" means a structure that is
designed solely and specifically to reduce or control erosion of the
shore along or near Lake Erie, including, without limitation,
revetments, seawalls, bulkheads, certain breakwaters, and similar
structures.

(M)
"Shore structure" includes, but is not limited to, beaches;
groins; revetments; bulkheads; seawalls; breakwaters; certain dikes
designated by the chief of the division of water resources; piers;
docks; jetties; wharves; marinas; boat ramps; any associated fill or
debris used as part of the construction of shore structures that may
affect shore erosion, wave action, or inundation; and fill or debris
that is placed along or near the shore, including bluffs, banks, or
beach ridges, for the purpose of stabilizing slopes.

Sec.
2711.02.
(A)
As used in this section and section 2711.03 of the Revised Code,
"commercial construction contract" means any written
contract or agreement for the construction of any improvement to real
property, other than an improvement that is used or intended to be
used as a single-family, two-family,
or

three-family
,
or four-family

detached dwelling house and accessory structures incidental to that
use.

(B)
If any action is brought upon any issue referable to arbitration
under an agreement in writing for arbitration, the court in which the
action is pending, upon being satisfied that the issue involved in
the action is referable to arbitration under an agreement in writing
for arbitration, shall on application of one of the parties stay the
trial of the action until the arbitration of the issue has been had
in accordance with the agreement, provided the applicant for the stay
is not in default in proceeding with arbitration.

(C)
Except as provided in division (D) of this section, an order under
division (B) of this section that grants or denies a stay of a trial
of any action pending arbitration, including, but not limited to, an
order that is based upon a determination of the court that a party
has waived arbitration under the arbitration agreement, is a final
order and may be reviewed, affirmed, modified, or reversed on appeal
pursuant to the Rules of Appellate Procedure and, to the extent not
in conflict with those rules, Chapter 2505. of the Revised Code.

(D)
If an action is brought under division (B) of this section upon any
issue referable to arbitration under an agreement in writing for
arbitration that is included in a commercial construction contract,
an order under that division that denies a stay of a trial of the
action pending arbitration, including, but not limited to, an order
that is based upon a determination of the court that a party has
waived arbitration under the arbitration agreement, is a final order
and may be reviewed, affirmed, modified, or reversed on appeal
pursuant to the Rules of Appellate Procedure and, to the extent not
in conflict with those rules, Chapter 2505. of the Revised Code.

Sec.
3709.091.
(A)
As used in this section:

(1)
"Household sewage treatment system" means any sewage
treatment system, or part of such a system, for a single-family,
two-family,
or

three-family
,
or four-family

dwelling that receives sewage.

(2)
"Sewage" means liquid waste containing animal or vegetable
matter in suspension or solution that originates from humans and
human activities. "Sewage" includes liquids containing
household chemicals in solution commonly discharged from a residence
or from commercial, institutional, or other similar facilities.

(3)
"Small flow on-site sewage treatment system" means a
system, other than a household sewage treatment system, that treats
not more than one thousand gallons of sewage per day and that does
not require a national pollutant discharge elimination system permit
issued under section 6111.03 of the Revised Code or an injection well
drilling or operating permit issued under section 6111.043 of the
Revised Code.

(B)
If any owner, leaseholder, or assignee of real property fails to pay
a fee as required by rule of a board of health of a city or general
health district pursuant to section 3709.09 of the Revised Code for
an operation permit for, or for inspection of, a household sewage
treatment system or a small flow on-site sewage treatment system
located on the real property, the health commissioner of the city or
general health district or the commissioner's designated
representative shall notify the owner, leaseholder, or assignee of
the real property of the amount of the fee and any accrued penalties
for late payment of the fee. The notice shall state, in boldface
letters: "You have 30 days to object to the amount of the unpaid
operation permit or inspection fee for your household sewage
treatment system or small flow on-site sewage treatment system, as
applicable, as designated in this notice, which may include accrued
penalties for late payment of the fee. If you do not pay this amount
as instructed herein within 30 days of receipt of this notice or
object to this amount during that time period in accordance with the
procedures set forth herein, the amount will be placed as a lien on
your real property." The notice also shall explain how the
owner, leaseholder, or assignee may pay the amount, or object to the
amount in accordance with the procedures established by divisions (C)
and (D) of this section.

Notice
to the owner, leaseholder, or assignee shall be made by either of the
following:

(1)
Certified mail, overnight delivery service, hand delivery, or any
other method that includes written evidence of receipt;

(2)
The sheriff of the county in which the owner, leaseholder, or
assignee to be served resides, in one or more of the methods provided
in the Ohio Rules of Civil Procedure. The sheriff may charge
reasonable fees for that service.

(C)
Not later than thirty days after receipt under division (B) of this
section of notification of the amount of an unpaid operation permit
or inspection fee and any accrued late payment penalties, the owner,
leaseholder, or assignee may object to the amount by delivering a
written notice of objection to the health commissioner by any of the
means provided for in division (B)(1) of this section. Not later than
sixty days after receipt of the notice of objection, the county
prosecutor, on behalf of the city or general health district, may
file a civil action in the court of common pleas against the owner,
leaseholder, or assignee. If the county prosecutor fails to commence
suit within the sixty-day period, or if the action is commenced, but
dismissed with prejudice before adjudication, the unpaid fee and any
accrued late payment penalties are void and cannot be placed on the
general tax list and duplicate as a lien against the real property.

(D)
If, in accordance with division (C) of this section, the owner,
leaseholder, or assignee objects to the amount of the unpaid
operation permit or inspection fee and any accrued late payment
penalties and the county prosecutor commences suit and prevails in
the action, the owner, leaseholder, or assignee objecting shall pay
the amount of the fee, any accrued late payment penalties, and the
costs of the action, as determined by the court.

(E)
If the owner, leaseholder, or assignee on which the notice required
by division (B) of this section was served does not pay to the city
or general health district the amount of an unpaid operation permit
or inspection fee and any accrued late payment penalties within
thirty days after receipt of the notice, or does not object to the
amount in the manner provided in division (C) of this section, the
health commissioner of the city or general health district or the
commissioner's designated representative may certify, on or before
the first Monday of September, the amount of the unpaid fee and any
accrued late payment penalties to the county auditor to be placed on
the general tax list and duplicate as provided in section 319.281 of
the Revised Code.

Sec.
3718.01.
As
used in this chapter:

(A)
"Alter" means to change by making substantive replacements
of, additions to, or deletions in the design or materials or to
change the location of an existing sewage treatment system.

(B)
"Bedrock" means hard stratum that underlies unconsolidated
surface materials or soil.

(C)
"Board of health" means the board of health of a city or
general health district or the authority having the duties of a board
of health in any city as authorized by section 3709.05 of the Revised
Code.

(D)
"Domestic septage" means the liquid or solid material
removed from a sewage treatment system, portable toilet, or type III
marine sanitation device as defined in 33 C.F.R. 159.3. "Domestic
septage" does not include grease removed from a grease trap.

(E)
"Gray water recycling systems" means systems that treat and
reuse wastewater discharged from lavatories, bathtubs, showers,
clothes washers, and laundry sinks that does not contain food wastes
or bodily wastes.

(F)
"Household sewage treatment system" means any sewage
treatment system, or part of such a system, that receives sewage from
a single-family, two-family,
or

three-family
,
or four-family

dwelling.

(G)
"Infiltrative surface" means the point or area of
application of treated or partially treated sewage to the soil or
sand fill for purposes of treatment, dispersal, or both.

(H)
"Inspection" means the on-site evaluation or analysis of
the design, installation, and operation of a sewage treatment system.

(I)
"Installer" means any person who engages in the business of
installing or altering or who, as an employee of another, installs or
alters any sewage treatment system.

(J)
"Limiting condition" means a restrictive soil layer,
bedrock, a water table, or ground water that limits or precludes the
treatment or dispersal of sewage in the soil of a property where a
household sewage treatment system is located.

(K)
"Manufacturer" means any person that manufactures sewage
treatment systems or components of systems.

(L)
"Person" has the same meaning as in section 1.59 of the
Revised Code and also includes any state, any political subdivision
of a state, and any department, division, board, commission, agency,
or instrumentality of a state or political subdivision.

(M)
"Sanitary sewerage system" means pipelines or conduits,
pumping stations, force mains, and all other constructions, devices,
appurtenances, and facilities that convey sewage to a central sewage
treatment plant and that are required to obtain a permit under
Chapter 6111. of the Revised Code.

(N)
"Septage hauler" means any person who engages in the
collection, transportation, disposal, and land application of
domestic septage.

(O)
"Service provider" means any person who services, but does
not install or alter, sewage treatment systems.

(P)
"Sewage" means liquid waste containing animal or vegetable
matter in suspension or solution that originates from humans and
human activities. "Sewage" includes liquids containing
household chemicals in solution commonly discharged from a residence
or from commercial, institutional, or other similar facilities.

(Q)
"Sewage treatment system" means a household sewage
treatment system, a small flow on-site sewage treatment system, or
both, as applicable.

(R)
"Small flow on-site sewage treatment system" means a
system, other than a household sewage treatment system, that treats
not more than one thousand gallons of sewage per day and that does
not require a national pollutant discharge elimination system permit
issued under section 6111.03 of the Revised Code or an injection well
drilling or operating permit issued under section 6111.043 of the
Revised Code.

(S)
"Soil" means the naturally occurring pedogenically
developed and undeveloped regolith overlying bedrock.

(T)
"Vertical separation distance" means the distance of the
infiltrative surface of the distribution system of a soil absorption
system, or component thereof, to a limiting condition in the soil.

(U)
"Water table" means the surface of the saturated zone below
which all interconnected voids are filled with water and at which the
pressure is atmospheric.

Sec.
3718.023.
(A)
In accordance with rules adopted under division (A) of section
3718.02 of the Revised Code, a board of health shall approve or deny
the installation, operation, or alteration of sewage treatment
systems the use of which has been authorized in those rules or that
have been approved for use in this state by the director of health
under section 3718.04 of the Revised Code. The board shall approve an
installation, operation, or alteration only in the health district in
which the board has jurisdiction. A board shall approve the
installation, operation, or alteration of a sewage treatment system
through the issuance of a permit in accordance with rules adopted
under section 3718.02 of the Revised Code. A board shall not approve
the installation, operation, or alteration of a sewage treatment
system if the installation, operation, or alteration is not
appropriate for the site at which the use of the system is or is
proposed to be located. In determining whether to approve or
disapprove the installation, operation, or alteration of a sewage
treatment system, including the progressive or incremental
installation or alteration of a system, a board shall consider the
economic impact on the property owner, the state of available
technology, and the nature and economics of various alternatives. A
board shall provide written documentation of such economic impact if
requested by the property owner. In addition, the board shall ensure
that a system, when installed and maintained properly, will not
create a public health nuisance and shall require a system to comply
with the requirements established in division (B) of this section and
other applicable requirements of this chapter.

The
board shall permit a property owner to select a sewage treatment
system for use by the property owner from those systems that have
been approved for use in the state, from the least expensive system
to the most expensive system, and a property owner may select any
such system regardless of its cost, provided that the system selected
will comply with all applicable requirements and standards
established under this chapter and rules adopted under it.

(B)
A board of health shall ensure that the design and installation of a
soil absorption system prevents public health nuisances. In addition,
a board of health shall ensure that a sewage treatment system that is
installed after
the
effective date of this section
September
17, 2010,

shall not discharge into a ditch, stream, pond, lake, natural or
artificial waterway, drain tile, or other surface water or onto the
surface of the ground unless authorized by a national pollutant
discharge elimination system permit issued under Chapter 6111. of the
Revised Code and rules adopted under it. In addition, a board shall
ensure that a sewage treatment system shall not discharge into an
abandoned well, a drainage well, a dry well, a cesspool, a sinkhole,
or another connection to ground water. If a household sewage
treatment system serving a two-

or three-family
,
three-, or four-family
dwelling
or a small flow on-site sewage treatment system is classified as a
class V injection well, a board of health shall ensure that the
system complies with rules adopted under section 6111.043 of the
Revised Code and with Chapter 3745-34 of the Administrative Code.

(C)
For purposes of the approval or denial of the installation,
operation, or alteration of a sewage treatment system under this
section, "economic impact" means all of the following, as
applicable:

(1)
The cost to the property owner for the installation of the proposed
sewage treatment system, including the cost of progressive or
incremental installation of the system;

(2)
The cost of an alternative system, including the cost of progressive
or incremental installation of the system, that, when installed and
maintained properly, will not create a public health nuisance
compared to the proposed sewage treatment system;

(3)
The costs of repairing the sewage treatment system, including the
cost of progressive or incremental repairs, as opposed to replacing
the system with a new system.

(D)
An application for an installation permit that is accepted by a board
of health prior to January 1, 2012, shall be valid for three years
from the date of the submission of the complete application and the
accompanying application fee.

(E)
An installation permit issued by a board of health prior to January
1, 2012, shall be valid until January 1, 2013, unless extended by a
board of health for not more than an additional six months.

Sec.
3781.06.
(A)(1)
Any building that may be used as a place of resort, assembly,
education, entertainment, lodging, dwelling, trade, manufacture,
repair, storage, traffic, or occupancy by the public, any residential
building, and all other buildings or parts and appurtenances of those
buildings erected within this state, shall be so constructed,
erected, equipped, and maintained that they shall be safe and
sanitary for their intended use and occupancy.

(2)
Nothing in sections 3781.06 to 3781.18, 3781.40, and 3791.04 of the
Revised Code shall be construed to limit the power of the division of
industrial compliance of the department of commerce to adopt rules of
uniform application governing manufactured home parks pursuant to
section 4781.26 of the Revised Code.

(B)
Sections 3781.06 to 3781.18, 3781.40, and 3791.04 of the Revised Code
do not apply to any of the following:

(1)
Buildings or structures that are incident to the use for agricultural
purposes of the land on which the buildings or structures are
located, provided those buildings or structures are not used in the
business of retail trade. For purposes of this division, a building
or structure is not considered used in the business of retail trade
if fifty per cent or more of the gross income received from sales of
products in the building or structure by the owner or operator is
from sales of products produced or raised in a normal crop year on
farms owned or operated by the seller.

(2)
Existing single-family, two-family,
and

three-family
,
and four-family

detached dwelling houses for which applications have been submitted
to the director of children and youth pursuant to section 5104.03 of
the Revised Code for the purposes of operating type A family child
care homes as defined in section 5104.01 of the Revised Code;

(3)
A mobile computing unit. As used in this division, "mobile
computing unit" means an assembly that meets all of the
following criteria:

(a)
Its purpose is to house and operate computers as defined in section
2913.01 of the Revised Code.

(b)
Its exterior is integral to the protection or cooling, or both, of
the computers housed within it.

(c)
It is not attached to a permanent foundation.

(d)
It is not accessible to the public.

(e)
It is not designed for regular occupancy, but rather limited access
for service and maintenance.

(f)
It can be moved or transported as a single integrated unit.

(C)
As used in sections 3781.06 to 3781.18 and 3791.04 of the Revised
Code:

(1)
"Agricultural purposes" include agriculture, farming,
dairying, pasturage, apiculture, algaculture meaning the farming of
algae, horticulture, floriculture, viticulture, ornamental
horticulture, olericulture, pomiculture, and animal and poultry
husbandry.

(2)
"Building" means any structure consisting of foundations,
walls, columns, girders, beams, floors, and roof, or a combination of
any number of these parts, with or without other parts or
appurtenances.

(3)
"Industrialized unit" means a building unit or assembly of
closed construction fabricated in an off-site facility, that is
substantially self-sufficient as a unit or as part of a greater
structure, and that requires transportation to the site of intended
use. "Industrialized unit" includes units installed on the
site as independent units, as part of a group of units, or
incorporated with standard construction methods to form a completed
structural entity. "Industrialized unit" does not include a
manufactured home as defined by division (C)(4) of this section or a
mobile home as defined by division (O) of section 4501.01 of the
Revised Code.

(4)
"Manufactured home" means a building unit or assembly of
closed construction that is fabricated in an off-site facility and
constructed in conformance with the federal construction and safety
standards established by the secretary of housing and urban
development pursuant to the "Manufactured Housing Construction
and Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A.
5401, 5403, and that has a permanent label or tag affixed to it, as
specified in 42 U.S.C.A. 5415, certifying compliance with all
applicable federal construction and safety standards.

(5)
"Permanent foundation" means permanent masonry, concrete,
or a footing or foundation approved by the division of industrial
compliance of the department of commerce pursuant to Chapter 4781. of
the Revised Code, to which a manufactured or mobile home may be
affixed.

(6)
"Permanently sited manufactured home" means a manufactured
home that meets all of the following criteria:

(a)
The structure is affixed to a permanent foundation and is connected
to appropriate facilities;

(b)
The structure, excluding any addition, has a width of at least
twenty-two feet at one point, a length of at least twenty-two feet at
one point, and a total living area, excluding garages, porches, or
attachments, of at least nine hundred square feet;

(c)
The structure has a minimum 3:12 residential roof pitch, conventional
residential siding, and a six-inch minimum eave overhang, including
appropriate guttering;

(d)
The structure was manufactured after January 1, 1995;

(e)
The structure is not located in a manufactured home park as defined
by section 4781.01 of the Revised Code.

(7)
"Safe," with respect to a building, means it is free from
danger or hazard to the life, safety, health, or welfare of persons
occupying or frequenting it, or of the public and from danger of
settlement, movement, disintegration, or collapse, whether such
danger arises from the methods or materials of its construction or
from equipment installed therein, for the purpose of lighting,
heating, the transmission or utilization of electric current, or from
its location or otherwise.

(8)
"Sanitary," with respect to a building, means it is free
from danger or hazard to the health of persons occupying or
frequenting it or to that of the public, if such danger arises from
the method or materials of its construction or from any equipment
installed therein, for the purpose of lighting, heating, ventilating,
or plumbing.

(9)
"Residential building" means a one-family, two-family,
or

three-family
,
or four-family

dwelling house, and any accessory structure incidental to that
dwelling house. "Residential building" includes a
one-family, two-family,
or

three-family
,
or four-family

dwelling house that is used as a model to promote the sale of a
similar dwelling house. "Residential building" does not
include an industrialized unit as defined by division (C)(3) of this
section, a manufactured home as defined by division (C)(4) of this
section, or a mobile home as defined by division (O) of section
4501.01 of the Revised Code.

(10)
"Nonresidential building" means any building that is not a
residential building or a manufactured or mobile home.

(11)
"Accessory structure" means a structure that is attached to
a residential building and serves the principal use of the
residential building. "Accessory structure" includes, but
is not limited to, a garage, porch, or screened-in patio.

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)(a)
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.

(b)
The rules governing residential buildings are uniform requirements in
any area with a building department certified to enforce the state
residential building code in accordance with division (E) of this
section, for both of the following:

(i)
The erection and construction of new residential buildings;

(ii)
The repair and alteration of existing residential buildings.

(c)
In no case shall any local code or regulation differ from the state
residential building code for either the erection and construction of
new residential buildings or for the repair and alteration of
existing residential buildings 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 for the erection and
construction of new residential buildings, to enforce the
nonresidential building code, or to enforce both the residential and
the nonresidential building codes. A department certified to enforce
the state residential building code for the erection and construction
of new residential buildings may also enforce the state residential
building code for the repair and alteration of existing residential
buildings upon obtaining the appropriate certification from the
board, in accordance with this section, for the department and its
personnel. Any department, personnel, or person may enforce only the
type of building code for which certified.

(3)
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 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. The requirements for residential and nonresidential
certification may differ. 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 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. 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.

(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)
If the certification is requested for residential buildings, whether
the requested certification is for only the erection and construction
of new residential buildings or also the repair and alteration of
existing residential buildings;

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

(d)
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;

(e)
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;

(f)
The proposed budget for the operation of the building department;

(g)
Whether the building department intends to accept plans examination
and inspection reports from a third-party examiner or inspector in
accordance with rules adopted by the board of building standards
pursuant to division (E)(15) of this section.

(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 from performing services for the
department 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 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.

(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.

(15)(a)
In addition to the personnel and persons certified by the board of
building standards pursuant to this section to enforce the state
residential building code and nonresidential building code, the board
may adopt rules authorizing certified municipal, township, and county
building departments to accept plans examination and inspection
reports from a third-party examiner or inspector.

(b)
The rules may require the third-party examiner or inspector be
certified pursuant to sections 3781.10 and 3783.03 of the Revised
Code and authorized to conduct such plans examination or inspection
elsewhere in this state or to demonstrate equivalent competency as
specified and determined by the board of building standards.

(c)
Fees charged by a third-party examiner or inspector are in addition
to any fees prescribed by the political subdivision pursuant to
section 3781.102 of the Revised Code and are the responsibility of
the building owner.

(d)
The issuance of certificates of plan approval under section 3791.04
of the Revised Code and certificates of occupancy or completion
remains the exclusive authority of the certified personnel employed
by or under contract with a certified municipal, township, and county
building department and shall not be issued by a third-party examiner
or inspector.

(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.

(L)
The board shall adopt rules to apply the residential building code to
a four-family dwelling house and any accessory structure incidental
to that dwelling house.

Sec.
3781.102.
(A)
Any county or municipal building department certified pursuant to
division (E) of section 3781.10 of the Revised Code as of September
14, 1970, and that, as of that date, was inspecting single-family,
two-family,
and

three-family
,
and four-family

residences, and any township building department certified pursuant
to division (E) of section 3781.10 of the Revised Code, is hereby
declared to be certified to inspect single-family, two-family,
and

three-family
,
and four-family

residences containing industrialized units, and shall inspect the
buildings or classes of buildings subject to division (E) of section
3781.10 of the Revised Code.

(B)
Each board of county commissioners may adopt, by resolution, rules
establishing standards and providing for the licensing of electrical
and heating, ventilating, and air conditioning contractors who are
not required to hold a valid and unexpired license pursuant to
Chapter 4740. of the Revised Code.

Rules
adopted by a board of county commissioners pursuant to this division
may be enforced within the unincorporated areas of the county and
within any municipal corporation where the legislative authority of
the municipal corporation has contracted with the board for the
enforcement of the county rules within the municipal corporation
pursuant to section 307.15 of the Revised Code. The rules shall not
conflict with rules adopted by the board of building standards
pursuant to section 3781.10 of the Revised Code or by the department
of commerce pursuant to Chapter 3703. of the Revised Code. This
division does not impair or restrict the power of municipal
corporations under Section 3 of Article XVIII, Ohio Constitution, to
adopt rules concerning the erection, construction, repair,
alteration, and maintenance of buildings and structures or of
establishing standards and providing for the licensing of specialty
contractors pursuant to section 715.27 of the Revised Code.

A
board of county commissioners, pursuant to this division, may require
all electrical contractors and heating, ventilating, and air
conditioning contractors, other than those who hold a valid and
unexpired license issued pursuant to Chapter 4740. of the Revised
Code, to successfully complete an examination, test, or demonstration
of technical skills, and may impose a fee and additional requirements
for a license to engage in their respective occupations within the
jurisdiction of the board's rules under this division.

(C)
No board of county commissioners shall require any specialty
contractor who holds a valid and unexpired license issued pursuant to
Chapter 4740. of the Revised Code to successfully complete an
examination, test, or demonstration of technical skills in order to
engage in the type of contracting for which the license is held,
within the unincorporated areas of the county and within any
municipal corporation whose legislative authority has contracted with
the board for the enforcement of county regulations within the
municipal corporation, pursuant to section 307.15 of the Revised
Code.

(D)
A board may impose a fee for registration of a specialty contractor
who holds a valid and unexpired license issued pursuant to Chapter
4740. of the Revised Code before that specialty contractor may engage
in the type of contracting for which the license is held within the
unincorporated areas of the county and within any municipal
corporation whose legislative authority has contracted with the board
for the enforcement of county regulations within the municipal
corporation, pursuant to section 307.15 of the Revised Code, provided
that the fee is the same for all specialty contractors who wish to
engage in that type of contracting. If a board imposes such a fee,
the board immediately shall permit a specialty contractor who
presents proof of holding a valid and unexpired license and pays the
required fee to engage in the type of contracting for which the
license is held within the unincorporated areas of the county and
within any municipal corporation whose legislative authority has
contracted with the board for the enforcement of county regulations
within the municipal corporation, pursuant to section 307.15 of the
Revised Code.

(E)
The political subdivision associated with each municipal, township,
and county building department the board of building standards
certifies pursuant to division (E) of section 3781.10 of the Revised
Code may prescribe fees to be paid by persons, political
subdivisions, or any department, agency, board, commission, or
institution of the state, for the acceptance and approval of plans
and specifications, and for the making of inspections, pursuant to
sections 3781.03 and 3791.04 of the Revised Code.

(F)
Each political subdivision that prescribes fees pursuant to division
(E) of this section shall collect, on behalf of the board of building
standards, fees equal to the following:

(1)
Three per cent of the fees the political subdivision collects in
connection with nonresidential buildings;

(2)
One per cent of the fees the political subdivision collects in
connection with the erection of and construction of new residential
buildings and, if the political subdivision elects under division (E)
of section 3781.10 of the Revised Code to enforce the state
residential building code for the repair and alteration of existing
residential buildings, one per cent of the fees the political
subdivision collects in connection with the repair and alteration of
existing residential buildings.

(G)(1)
The board shall adopt rules, in accordance with Chapter 119. of the
Revised Code, specifying the manner in which the fee assessed
pursuant to division (F) of this section shall be collected and
remitted monthly to the board. The board shall pay the fees into the
state treasury to the credit of the industrial compliance operating
fund created in section 121.084 of the Revised Code.

(2)
All money credited to the industrial compliance operating fund under
this division shall be used exclusively for the following:

(a)
Operating costs of the board;

(b)
Providing services, including educational programs, for the building
departments that are certified by the board pursuant to division (E)
of section 3781.10 of the Revised Code;

(c)
Paying the expenses of the residential construction advisory
committee, including the expenses of committee members as provided in
section 4740.14 of the Revised Code.

(H)
A board of county commissioners that adopts rules providing for the
licensing of electrical and heating, ventilating, and air
conditioning contractors, pursuant to division (B) of this section,
may accept, for purposes of satisfying the requirements of rules
adopted under that division, a valid and unexpired license issued
pursuant to Chapter 4740. of the Revised Code that is held by an
electrical or heating, ventilating, and air conditioning contractor,
for the construction, replacement, maintenance, or repair of
one-family, two-family,
or

three-family
,
or four-family

dwelling houses or accessory structures incidental to those dwelling
houses.

(I)
A board of county commissioners shall not register a specialty
contractor who is required to hold a license under Chapter 4740. of
the Revised Code but does not hold a valid license issued under that
chapter.

(J)
If a board of county commissioners regulates a profession,
occupation, or occupational activity under this section, the board
shall comply with Chapter 4796. of the Revised Code.

(K)
As used in this section, "specialty contractor" means a
heating, ventilating, and air conditioning contractor, refrigeration
contractor, electrical contractor, plumbing contractor, or hydronics
contractor, as those contractors are described in Chapter 4740. of
the Revised Code.

Sec.
3781.1012.
(A)
As used in this section, "dwelling unit" has the same
meaning as in section 5321.01 of the Revised Code.

(B)
The board of building standards shall adopt rules, in accordance with
Chapter 119. of the Revised Code, to permit a building of group R-2
occupancy to have a single stairway serving as an exit for all
dwelling units if the building meets all of the following conditions:

(1)
The building has not more than six stories above grade plane.

(2)
There are not more than four dwelling units on each floor.

(3)
The building is equipped with an automatic sprinkler system.

(4)
Each dwelling unit has at least one window or other emergency exit
provision.

Sec.
4722.01.
As
used in this chapter:

(A)
"Cost–plus contract" means a contract entered into
between an owner and a home construction service supplier under which
payment to the supplier is based on the cost of a product plus the
supplier's rate for labor to install the product plus an agreed
percentage of profit or a stipulated fee.

(B)
"Home construction service" means the construction of a
residential building, including the creation of a new structure and
the repair, improvement, remodel, or renovation of an existing
structure. "Home construction service" does not include
construction performed on a structure that contains
four

five

or
more dwelling units, except for work on an individual dwelling unit
within that structure, or construction performed on the common area
of a condominium property.

(C)
"Home construction service contract" means a contract
between an owner and a supplier to perform home construction
services, including services rendered based on a cost-plus contract,
for an amount exceeding twenty-five thousand dollars.

(D)
"Home construction service supplier" or "supplier"
means a person who contracts with an owner to provide home
construction services for compensation and who maintains in force a
general liability insurance policy in an amount of not less than two
hundred fifty thousand dollars.

(E)
"Owner" means the person who contracts with a home
construction service supplier. "Owner" may include the
owner of the property, a tenant who occupies the dwelling unit on
which the home construction service is performed, or a person the
owner authorizes to act on the owner's behalf to contract for a home
construction service, and any other person who contracts for a home
construction service.

(F)
"Residential building" means a one-, two-,

or three-family

three-, or four-family
dwelling
and any accessory construction incidental to the dwelling.
"Residential building" does not include any of the
following:

(1)
An industrialized unit as described in section 3781.06 of the Revised
Code;

(2)
A manufactured home as described in section 3781.06 of the Revised
Code;

(3)
A mobile home as described in section 4501.01 of the Revised Code.

(G)
"Workmanlike manner" means the home construction service
supplier has engaged in construction that meets or exceeds the
minimum quantifiable standards promulgated by the Ohio home builders
association.

Sec.
4722.09.
This
chapter does not apply to a contract entered into prior to the
effective date of this section for the construction of a four-family
dwelling, including the creation of a new structure and the repair,
improvement, remodel, or renovation of an existing structure, or any
accessory structures incidental to that dwelling.

Section
2.
That
existing sections 307.37, 715.27, 1312.01, 1312.02, 1506.01, 2711.02,
3709.091, 3718.01, 3718.023, 3781.06, 3781.10, 3781.102, and 4722.01
of the Revised Code are hereby repealed.

Section
3.
This
act shall be known as the Build Smart Act.