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(136th General Assembly)
(Senate Bill
Number 6)
AN ACT
To amend sections 3781.19 and
3781.20 and to enact section 3781.21 of the Revised Code to make
changes to the law relating to building inspections.
Be
it enacted by the General Assembly of the State of Ohio:
Section
1.
That
sections 3781.19 and 3781.20 be amended and section 3781.21 of the
Revised Code be enacted to read as follows:
Sec.
3781.19.
There
is hereby established in the department of commerce a board of
building appeals consisting of five members who shall be appointed by
the governor with the advice and consent of the senate. Terms of
office shall be for four years, commencing on the fourteenth day of
October and ending on the thirteenth day of October. Each member
shall hold office from the date of appointment until the end of the
term for which the member was appointed. Any member appointed to fill
a vacancy occurring prior to the expiration of the term for which the
member's predecessor was appointed shall hold office for the
remainder of such term. Any member shall continue in office
subsequent to the expiration date of the member's term until a
successor takes office, or until a period of sixty days has elapsed,
whichever occurs first. One member shall be an attorney-at-law,
admitted to the bar of this state and of the remaining members, one
shall be a registered architect and one shall be a professional
engineer, each of whom shall be duly licensed to practice their
respective professions in this state, one shall be a fire prevention
officer qualified under section 3737.66 of the Revised Code, and one
shall be a person with recognized ability in the plumbing or
pipefitting profession. No member of the board of building standards
shall be a member of the board of building appeals. Each member shall
be paid an amount fixed pursuant to Chapter 124. of the Revised Code
per diem. The department shall provide and assign to the board such
employees as are required by the board to perform its functions. The
board may adopt its own rules of procedure not inconsistent with
sections 3781.06 to 3781.18 and 3791.04 of the Revised Code, and may
change them in its discretion. The board may establish reasonable
fees, based on actual costs for administration of filing and
processing, not to exceed two hundred dollars, for the costs of
filing and processing appeals.
The
board may establish additional fees for any expedited appeal subject
to section 3781.21 of the Revised Code.
A
full and complete record of all proceedings of the board shall be
kept and be open to public inspection.
In
the enforcement by any department of the state or any political
subdivision of this chapter and Chapter 3791., and sections 3737.41,
3737.42, 4104.02, 4104.06, 4104.43, 4104.44, 4104.45, 4105.011, and
4105.11 of the Revised Code and any rule made thereunder, such
department is the agency referred to in sections 119.07, 119.08, and
119.10 of the Revised Code.
The
appropriate municipal or county board of appeals, where one exists,
certified pursuant to section 3781.20 of the Revised Code shall
conduct the adjudication hearing referred to in sections 119.09 to
119.13 and required by section 3781.031 of the Revised Code. If there
is no certified municipal or county board of appeals, the board of
building appeals shall conduct the adjudication hearing. If the
adjudication hearing concerns section 3781.111 of the Revised Code or
any rule made thereunder, reasonable notice of the time, date, place,
and subject of the hearing shall be given to any local corporation,
association, or other organization composed of or representing
persons with disabilities, as defined in section 3781.111 of the
Revised Code, or if there is no local organization, then to any
statewide corporation, association, or other organization composed of
or representing persons with disabilities.
In
addition to the provisions of Chapter 119. of the Revised Code, the
municipal, county, or state board of building appeals, as the agency
conducting the adjudication hearing, may reverse or modify the order
of the enforcing agency if it finds that the order is contrary to
this chapter and Chapters 3791. and 4104., and sections 3737.41,
3737.42, 4105.011, and 4105.11 of the Revised Code and any rule made
thereunder or to a fair interpretation or application of such laws or
any rule made thereunder, or that a variance from the provisions of
such laws or any rule made thereunder, in the specific case, will not
be contrary to the public interest where a literal enforcement of
such provisions will result in unnecessary hardship.
The
Except
for expedited proceedings pursuant to section 3781.21 of the Revised
Code, the
state
board of building appeals or a certified municipal or county board of
appeals shall render its decision within thirty days after the date
of the adjudication hearing. Following the adjudication hearing, any
municipal or county officer, official municipal or county board, or
person who was a party to the hearing before the municipal or county
board of appeals may apply to the state board of appeals for a de
novo hearing before the state board, or may appeal directly to the
court of common pleas pursuant to section 3781.031 of the Revised
Code.
In
addition, any local corporation, association, or other organization
composed of or representing persons with disabilities as defined in
section 3781.111 of the Revised Code, or, if no local corporation,
association, or organization exists, then any statewide corporation,
association, or other organization composed of or representing
persons with disabilities may apply for the de novo hearing or appeal
to the court of common pleas from any decision of a certified
municipal or county board of appeals interpreting, applying, or
granting a variance from section 3781.111 of the Revised Code and any
rule made thereunder. Application for a de novo hearing before the
state board shall be made no later than thirty days after the
municipal or county board renders its decision.
The
state board of building appeals or the appropriate certified local
board of building appeals shall grant variances and exemptions from
the requirements of section 3781.108 of the Revised Code in
accordance with rules adopted by the board of building standards
pursuant to division (K) of section 3781.10 of the Revised Code.
The
state board of building appeals or the appropriate certified local
board of building appeals shall, in granting a variance or exemption
from section 3781.108 of the Revised Code, in addition to any other
considerations the state or the appropriate local board determines
appropriate, consider the architectural and historical significance
of the building.
Sec.
3781.20.
(A)
The board of building standards may certify municipal and county
boards of building appeals to hear and decide appeals from
adjudication orders pertaining to the enforcement of this chapter and
Chapter 3791. of the Revised Code and any rules adopted pursuant
thereto. Any board of appeals that has been certified by the board of
building standards may contract with any municipal corporation or
county certified to enforce this chapter and Chapter 3791. of the
Revised Code to provide for appeals from adjudication orders arising
from the certified municipal corporation or county.
(B)
A certified local board of building appeals has exclusive
jurisdiction to hear and decide all adjudication hearings arising
from rulings of the local chief enforcement official concerning the
provisions of this chapter and Chapter 3791. of the Revised Code and
any rules adopted pursuant thereto. The local board may establish
reasonable fees, based on actual costs for administration of filing
and processing, not to exceed one hundred dollars, for the costs of
filing and processing appeals
and
.
The board may charge any additional fees for expedited proceeding
subject to section 3781.21 of the Revised Code. The board
shall
keep a full and complete record of all of its proceedings
;
,
and
these records shall be open to public inspection.
(C)
The local board of building appeals shall consist of five members,
except that a municipal board may consist of more than five members
if so provided by the charter of the municipal corporation, or any
amendment to the charter, adopted prior to October 13, 1983. One
member shall be an attorney at law admitted to the bar of this state,
one shall be a registered architect, one shall be a registered
professional engineer, specializing in structural engineering, and
one shall be a registered professional engineer specializing in
mechanical engineering, except that a municipal board need not have
an attorney as a member if no attorney member is required by the
charter of the municipal corporation, or any amendment to the
charter, adopted prior to October 13, 1983. Each of these four
members shall be licensed to practice his profession in this state,
and shall be a person of recognized ability and broad training who is
experienced in problems and practice incidental to the construction
and equipment of buildings and structures. One member shall be a
representative of organized labor who is knowledgeable as to the
construction and equipment of buildings and structures.
Members
shall be appointed for five-year terms, except that original
appointments shall be for terms of one, two, three, four, and five
years. Each member shall hold office from the date of appointment
until the end of the term for which he is appointed. Any member
appointed to fill a vacancy occurring before the expiration of the
term for which his predecessor was appointed shall hold office for
the remainder of that term. Any member shall continue in office
subsequent to the expiration date of his term until his successor
takes office or until sixty days have elapsed, whichever occurs
first.
(D)
Certification shall be upon application by the county or municipal
corporation to the board of building standards. The application shall
set forth both of the following:
(1)
The resolution, ordinance, or charter provision establishing the
local board of appeals and making or providing for the making of
appointments to the board;
(2)
The dates of appointments, terms of the board members, and
professional requirements and experience necessary for membership.
(E)
Upon reviewing the application, the board of building standards shall
certify the local board if it finds all of the following:
(1)
The applicant political subdivision has a building department that is
certified pursuant to section 3781.10 of the Revised Code and such
certification is not through a contract with another political
subdivision;
(2)
The local board is established pursuant to local resolution,
ordinance, or municipal charter;
(3)
The local board's membership meets the requirements of this section.
The
board of building standards shall certify county and municipal boards
of building appeals in accordance with Chapter 119. of the Revised
Code and shall schedule a hearing on an application within sixty days
after receiving the application.
A
certification may be revoked on petition to the board of building
standards by any person affected by the local board of building
appeals, or by the board of building standards on its own motion.
Hearings shall be held and appeals permitted, on any proceedings for
revocation of certification, in accordance with Chapter 119. of the
Revised Code.
(F)
Local boards of appeals certified pursuant to this section have the
same powers to reverse or modify orders of the local enforcement
official and to grant variances as are conferred on the board of
building appeals by section 3781.19 of the Revised Code including
variances and exemptions from the requirements of section 3781.108 of
the Revised Code.
Nothing
in this section shall be construed to grant to a municipal or county
board of building appeals any authority to prohibit the use of
materials or assemblages that have been licensed for statewide use
pursuant to section 3781.12 of the Revised Code.
Sec.
3781.21.
(A)(1)
Any appeal of an order requested under section 3781.19 or 3781.20 of
the Revised Code may be requested to be expedited. If the expedited
appeal is requested, the state board of building appeals or a
certified municipal or county board of appeals shall do both of the
following:
(a)
Commence the appeal within one day after the request was made,
excluding Saturdays, Sundays, and legal holidays as defined in
section 1.14 of the Revised Code;
(b)
Hold a hearing within five days after the request was made, excluding
Saturdays, Sundays, and legal holidays as defined in section 1.14 of
the Revised Code.
(2)(a)
If a person requests an appeal of an order pursuant to section
3781.19 or 3781.20 of the Revised Code and the person did not request
the appeal to be expedited under division (A)(1) of this section, the
person may request the remainder of the appeal proceeding be
expedited if, during the course of the appeal, the board issues a
continuance of the hearing, such that no decision is made and
additional evidence is requested in order to continue the proceeding.
A person may request that any follow-up hearing be expedited within
five days of the continuance being issued.
(b)
If the expedited appeal is requested under division (A)(2)(a) of this
section, the board shall hold the follow-up hearing within five days
of the request, excluding Saturdays, Sundays, and legal holidays as
defined in section 1.14 of the Revised Code.
(3)
Any expedited appeal under this division shall apply notwithstanding
the seven-day notice requirement under section 119.07 of the Revised
Code or any other conflicting provision of the Revised Code. However,
a board conducting an expedited appeal under this section shall
provide all parties a notice of the hearing prior to conducting the
hearing.
(B)
The person making the request for an expedited appeal pursuant to
division (A) of this section shall pay any fee established by the
state board of building appeals under section 3781.19 of the Revised
Code or a certified municipal or county board of appeals under
section 3781.20 of the Revised Code, which shall not exceed five
hundred dollars for each day the appeal is pending and shall not
exceed a total of one thousand dollars for the entire expedited
appeal.
(C)
Notwithstanding any provision of the Revised Code to the contrary,
the state board of building appeals or a certified municipal or
county board of appeals may conduct an expedited hearing, as
described under this section, by means of teleconference, video
conference, or any other similar electronic technology.
(D)
The board of building standards may adopt rules to implement this
section.
Section
2.
That
existing sections 3781.19 and 3781.20 of the Revised Code are hereby
repealed.
Speaker
___________________ of the House of Representatives.
President
___________________ of the Senate.
Passed
________________________, 20____
Approved
________________________, 20____
Governor.
The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.
Director, Legislative
Service Commission.
Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.
Secretary of State.
File
No. _________ Effective Date ___________________