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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 83
2025-2026
Senators Reynolds, Craig
Cosponsors: Senators Smith, Ingram,
Weinstein
A
BILL
To
amend sections 319.20, 1923.06, 1923.08, 1923.09, 3781.10, and
5321.17 and to enact sections 120.522, 120.531, 319.204, 1923.111,
1923.16, and 3781.181 of the Revised Code
to
revise the law governing eviction, residential building code
enforcement, and real property transfers.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 319.20, 1923.06, 1923.08, 1923.09, 3781.10, and 5321.17 be
amended and sections
120.522,
120.531,
319.204, 1923.111, 1923.16, and 3781.181 of the Revised Code be
enacted to read as follows:
Sec.
120.522.
The
legal services housing defense fund is created in the state treasury
to provide civil legal services to stabilize and preserve housing for
low-income Ohioans. The fund shall consist of money appropriated to
it by the general assembly.
The
treasurer of state may invest money contained in the fund in any
manner authorized by the Revised Code for the investment of state
money. However, no such investment shall interfere with the use of
such money as required by this section and section 120.531 of the
Revised Code. All investment earnings of the fund shall be credited
to the fund.
The
state public defender, through the Ohio access to justice foundation
established in section 120.521 of the Revised Code, shall administer
the payment of money out of the fund for the charitable public
purpose of funding housing defense legal services. Four and one-half
per cent of the money in the fund shall be reserved for the actual,
reasonable costs of administering this section and section 120.531 of
the Revised Code.
Sec.
120.531.
(A)
As used in this section:
(1)
"Federal poverty line" means the official poverty line
defined by the United States office of management and budget, based
on the most recent data available from the United States bureau of
the census, and revised by the United States secretary of health and
human services pursuant to 42 U.S.C. 9902.
(2)
"Eligible household" means a household with an established
annual gross income of not more than three hundred per cent of the
federal poverty line, adjusted for the size of the household.
(3)
"Available balance" means the total amount of unencumbered
money in the legal services housing defense fund created under
section 120.522 of the Revised Code as of the last day of September,
excluding the amount reserved for the actual, reasonable expenses of
administering the fund and this section.
(4)
"Eligible organization" means an entity that received
financial assistance pursuant to section 120.52 of the Revised Code
prior to July 1, 1993, but that, on and after July 1, 1993, no longer
qualifies as a legal aid society.
(B)
The Ohio access to justice foundation shall use amounts appropriated
to the legal services housing defense fund created under section
120.522 of the Revised Code to fund housing defense legal services
for eligible households.
(C)
A legal aid society or eligible organization that operates within
this state may apply to the Ohio access to justice foundation for
financial assistance from the legal services housing defense fund to
be used for the provision of housing defense legal services to
eligible households. The financial assistance awarded shall not
exceed the following amounts:
(1)
In the case of a legal aid society, the available balance of the fund
multiplied by a fraction, the numerator of which is the number of
eligible households in the service area of the legal aid society, and
the denominator of which is the number of eligible households in this
state;
(2)
In the case of an eligible organization, one and three-fourths per
cent of the available balance of the fund.
(D)
If the total amount of financial assistance awarded under division
(C) of this section is less than the available balance of the fund,
the Ohio access to justice foundation may award financial assistance
to other nonprofit organizations to be used to provide housing
defense legal services to eligible households.
(E)
If the total amount of financial assistance awarded pursuant to
divisions (C) and (D) of this section is less than the available
balance of the fund, the Ohio access to justice foundation may fund
private counsel to provide housing defense legal services to eligible
households in the legal aid service areas for which housing defense
funds remain unawarded.
(F)
The Ohio access to justice foundation shall accept applications for
financial assistance on an annual basis. Financial assistance awarded
under this section shall either be used to provide housing defense
legal services to eligible households or returned to the fund before
the last day of the following calendar year.
(G)
A legal aid society, eligible organization, other nonprofit
organization, or private counsel that receives financial assistance
under this section shall file an annual report with the Ohio access
to justice foundation detailing the number and types of cases handled
and other service provided by means of the financial assistance
received pursuant to this section. No information contained in the
reports shall identify or enable the identification of any person
served by the legal aid society, eligible organization, other
nonprofit organization, or private counsel, or in any way breach
client confidentiality.
(H)
The Ohio access to justice foundation shall make an annual report to
the governor, the general assembly, and the supreme court on the
distribution and use of the legal services housing defense fund. No
information contained in the report shall identify or enable the
identification of any person served or in any way breach client
confidentiality.
Sec.
319.20.
After
complying with sections
315.251,
319.202,
315.251,
and
319.203
,
and 319.204
of the Revised Code, and on application and presentation of title,
with the affidavits required by law, or the proper order of a court
or the county board of revision, bearing the last known address of
the grantee, or of any one of the grantees named in the title
and
,
if the grantee is not a natural person, the name and address of the
owner identified or agent designated under section 319.204 of the
Revised Code,
and a reference to the volume and page of the recording, or other
means of identifying the recording, of the next preceding recorded
instrument by or through which the grantor claims title, the county
auditor shall transfer any land or town lot or part thereof, minerals
therein, or mineral rights thereto, charged with taxes on the tax
list, from the name in which it stands into the name of the owner,
when rendered necessary by a conveyance, partition, devise, descent,
or otherwise. If by reason of the conveyance or otherwise, a part
only of a tract or lot, minerals therein, or mineral rights thereto,
as charged in the tax list, is to be transferred, the auditor shall
determine the tax value of the part of a tract or lot of real estate,
minerals therein, or mineral rights thereto, so transferred, and the
value of the remaining part compared with the value of the whole.
Whenever
a part only of a tract or lot of real estate has been transferred by
the auditor and the tract or lot bears unpaid taxes, penalties,
interest, or special assessments, the unpaid taxes, penalties,
interest, or special assessments shall immediately be apportioned,
upon demand or request by the transferee or remaining owner, in the
following manner:
(A)
The auditor shall allocate to the part so transferred, and to the
remaining part, amounts of any current or delinquent taxes, interest,
or penalties that have accrued against the parcel as a whole,
proportionate to their respective values.
(B)
The lien of taxes, penalties, interest, and special assessments, as
levied against the original tract, shall extend to the part so
transferred and the part remaining only to the extent of the amounts
so allocated to the respective parts.
This
section does not change the total amount of taxes, special
assessments, or other charges as originally levied, or the total
amount of the balance due. The auditor shall certify such
apportionments to the county treasurer.
Whenever
the state acquires an entire parcel or a part only of a parcel of
real property in fee simple, the county auditor, upon application of
the grantor or property owner or the state, which application shall
contain a description of the property as it appears on the tax list
and the date of transfer of ownership, shall prepare an estimate of
the taxes that are a lien on the property, but have not been
determined, assessed, and levied for the year in which the property
was acquired. The county auditor shall thereupon apportion the
estimated taxes proportionately between the grantor and the state for
the period of the lien year that each had or shall have had ownership
or possession of the property, whichever is earlier. The county
treasurer shall accept payment from the state for estimated taxes at
the time that the real property is acquired. If the state has paid in
full in the year in which the property is acquired that proportion of
the estimated taxes that the tax commissioner determines are not
subject to remission by the county auditor for such year under
division (D) of section 5713.08 of the Revised Code, the estimated
taxes paid shall be considered the tax liability on the exempted
property for that year.
Section
319.42 of the Revised Code applies to the apportionment of special
assessments.
Complaint
against such values as determined by the auditor or the allocation of
assessments by the certifying authority may be filed by the
transferee or the remaining owner, and if filed, proceedings
including appeals shall be had in the manner and within the time
provided by sections 5717.01 to 5717.06 and 5715.19 to 5715.22 of the
Revised Code, for complaints against valuation or assessment of real
property.
The
auditor shall endorse on the deed or other evidences of title
presented to the auditor that the proper transfer of the real estate
described in the deed has been made in the auditor's office or that
it is not entered for taxation, and sign the auditor's name to the
deed. The address of the grantee, or any one of the grantees, set
forth in the deed or other evidences of title shall be entered by the
auditor on the transfer sheets and on the general tax list of real
property prepared pursuant to section 319.28 of the Revised Code.
Sec.
319.204.
(A)
For the purposes of this section:
(1)
"Control" means the authority, by contract or by law, to
direct the affairs and day-to-day operations of a grantee without the
consent of any other person.
(2)
"Own" means possession of more than fifty per cent of the
stock, equity, or other ownership interest of a grantee.
(B)
Before the county auditor indorses any real property conveyance or
manufactured or mobile home conveyance presented to the auditor
pursuant to section 319.20 of the Revised Code or registers any
manufactured or mobile home conveyance pursuant to section 4503.061
of the Revised Code, the grantee or the grantee's representative
shall submit, either electronically or by three written copies of, a
statement that does one of the following:
(1)
Affirms that the grantee is a natural person;
(2)
If the grantee is not a natural person, identifies a natural person
and who owns or controls the grantee;
(3)
If the grantee is not a natural person, and no natural person owns or
controls the grantee, designates an agent who is a natural person.
(C)
If the grantee is not a natural person, the statement shall vest the
owner identified under division (B)(2) of this section, or the agent
designated under division (B)(3) of this section, as applicable, with
the authority to make binding decisions on behalf of the grantee
respecting the real property or manufactured or mobile home that is
the subject of the conveyance.
(D)
The grantee may change the owner identified or the agent designated
under division (B) of this section by filing a petition in the court
of common pleas, in the same manner permitted for correcting an
error, omission, or defect in an instrument or writing under Chapter
2719. of the Revised Code.
Sec.
1923.06.
(A)
Any summons in an action, including a claim for possession, pursuant
to this chapter shall be issued, be in the form specified, and be
served and returned as provided in this section. Such service shall
be at least seven days before the day set for trial.
(B)
Every summons issued under this section to recover residential
premises shall contain
both
of
the
following
:
(1)
The following
language printed in a conspicuous manner: "A complaint to evict
you has been filed with this court. No person shall be evicted unless
the person's right to possession has ended and no person shall be
evicted in retaliation for the exercise of the person's lawful
rights. If you are depositing rent with the clerk of this court you
shall continue to deposit such rent until the time of the court
hearing. The failure to continue to deposit such rent may result in
your eviction. You may request a trial by jury
or nonbinding mediation
.
You have the right to seek legal assistance
.
If you cannot afford a lawyer, you may contact your local legal aid
or legal service office. If none is available, you may contact your
local bar association
and may qualify for free legal representation based on your income.
It is recommended that you inquire with legal aid at
www.ohiolegalhelp.org or (866) 529-6446 to see if you are eligible
."
(2)
A statement in bold-faced type notifying the defendant of both of the
following:
(a)
Any records associated with the action are suppressed and not
accessible to the public until an order is entered granting the
plaintiff possession of the premises.
(b)
If the plaintiff is granted possession of the premises, the court
records may remain private if both parties agree to suppress the
records.
(C)
The clerk of the court in which a complaint to evict is filed shall
mail any summons by ordinary mail, along with a copy of the
complaint, document, or other process to be served, to the defendant
at the address set forth in the caption of the summons and to any
address set forth in any written instructions furnished to the clerk.
The mailing shall be evidenced by a certificate of mailing which the
clerk shall complete and file.
In
addition to this ordinary mail service, the clerk also shall cause
service of that process to be completed under either of the
following:
(1)
Division (D) or (E) of this section or both, depending upon which of
those two methods of service is requested by the plaintiff upon
filing the complaint to evict;
(2)
Division (F) of this section if the action relates to a deceased
manufactured home park resident.
(D)(1)
If requested, the clerk shall deliver sufficient copies of the
summons, complaint, document, or other process to be served to, and
service shall be made by, one of the following persons:
(a)
The sheriff of the county in which the premises are located when the
process issues from a court of common pleas or county court;
(b)
The bailiff of the court for service when process issues from a
municipal court;
(c)
Any person who is eighteen years of age or older, who is not a party,
and who has been designated by order of the court to make service of
process when process issues from any of the courts referred to in
divisions (D)(1)(a) and (b) of this section.
(2)
The person serving process shall effect service at the premises that
are the subject of the forcible entry and detainer action by one of
the following means:
(a)
By locating the person to be served at the premises to tender a copy
of the process and accompanying documents to that person;
(b)
By leaving a copy of the summons, complaint, document, or other
process with a person of suitable age and discretion found at the
premises if the person to be served cannot be found at the time the
person making service attempts to serve the summons pursuant to
division (D)(2)(a) of this section;
(c)
By posting a copy in a conspicuous place on the subject premises if
service cannot be made pursuant to divisions (D)(2)(a) and (b) of
this section.
(3)
Within five days after receiving the summons, complaint, document, or
other process from the clerk for service, the person making service
shall return the process to the clerk. The person shall indicate on
the process which method described in division (D)(2) of this section
was used to serve the summons. The clerk shall make the appropriate
entry on the appearance docket.
(E)
If requested, the clerk shall mail by certified mail, return receipt
requested, a copy of the summons, complaint, document, or other
process to be served to the address set forth in the caption of the
summons and to any address set forth in any written instructions
furnished to the clerk.
(F)(1)
If the person to be evicted in an action pursuant to this chapter is
a deceased manufactured home park resident, the plaintiff shall
provide to the clerk the following information:
(a)
If the plaintiff knows that a probate court has granted letters
testamentary or of administration for the estate of the deceased
resident, the name and address of the probate court, the case number
of the estate, and the name and address of the executor or
administrator appointed by the probate court;
(b)
If the plaintiff knows that a probate court has not granted letters
testamentary or of administration for the estate of the deceased
resident or does not know whether or not a probate court has granted
letters testamentary or of administration for the estate, the names
and addresses of the deceased resident's spouse and any other members
of the deceased resident's immediate family that are known to the
plaintiff;
(c)
If the plaintiff does not possess the information set forth in
division (F)(1)(a) or (b) of this section, an affidavit from the
plaintiff stating that the plaintiff does not possess the
information.
(2)(a)
Upon receipt from the plaintiff of the information set forth in
division (F)(1)(a) of this section, the clerk shall mail by certified
mail, return receipt requested, a copy of the summons, complaint,
document, or other process to be served to the address of the
executor or administrator appointed by the probate court.
(b)
Upon receipt from the plaintiff of the information set forth in
division (F)(1)(b) or (c) of this section, the clerk shall do both of
the following:
(i)
Mail by ordinary mail and by certified mail, return receipt
requested, a copy of the summons, complaint, document, or other
process to be served to the persons and addresses provided by the
plaintiff, if any. The ordinary mail mailing shall be evidenced by a
certificate of mailing that the clerk shall complete and file.
(ii)
Cause service of notice to be made by publication in a newspaper of
general circulation in the county in which the complaint is filed.
The publication shall set forth the name and address of the court,
the case number, the name and address of the plaintiff or the
plaintiff's attorney, and the name and address of the deceased
manufactured home park resident. The publication shall describe the
premises entered upon and detained, shall contain a summary statement
of the object of the eviction complaint against the deceased
resident, and shall state that the claim for restitution of the
premises shall be scheduled for a hearing in accordance with local
court rules, but in no event sooner than the seventh day from the
date service is complete. The clerk shall cause the publication to be
published at least once a week for two weeks.
(G)
Service of process shall be deemed complete on the date that any of
the following has occurred:
(1)
Service is made pursuant to division (D)(2)(a) or (b) of this
section.
(2)
Both ordinary mail service under division (C) and service by posting
pursuant to division (D)(2)(c) of this section have been made.
(3)
For service performed pursuant to division (E) or (F)(2)(a) of this
section, on the date of mailing, if on the date of the hearing either
of the following applies:
(a)
The certified mail has not been returned for any reason other than
refused or unclaimed.
(b)
The certified mail has not been endorsed, and the ordinary mail has
not been returned.
(4)
For service performed under division (F)(2)(b) of this section, on
the date of mailing under division (F)(2)(b)(i) of this section or on
the date of the last publication under division (F)(2)(b)(ii) of this
section, whichever is later, if on the date of the hearing, either of
the following applies:
(a)
The certified mail has not been returned for any reason other than
refused or unclaimed.
(b)
The certified mail has not been endorsed, and the ordinary mail has
not been returned.
(H)(1)
The claim for restitution of the premises shall be scheduled for
hearing in accordance with local court rules, but in no event sooner
than the seventh day from the date service is complete.
(2)
Answer day for any other claims filed with the claim for possession
shall be twenty-eight days from the date service is deemed complete
under this section.
(I)
As used in this section, "immediate family" means a
person's spouse, brothers and sisters of the whole or half blood,
children, including adopted children and stepchildren, parents, and
grandparents.
Sec.
1923.08.
No
continuance in an action under this chapter shall be granted for a
period longer than eight days, unless
the
any
of the following apply:
(A)
The
plaintiff
applies for the continuance and the defendant consents to it
,
or unless the
.
(B)
The
defendant
applies for the continuance and gives a bond to the plaintiff, with
good and sufficient surety, that is approved by the court and
conditioned for the payment of rent that may accrue, if judgment is
rendered against the defendant
.
(C)
Either the plaintiff or the defendant demand nonbinding mediation
under section 1923.16 of the Revised Code, in which case the judge
shall enter a stay for fifty days, which may be extended in
accordance with that section
.
Sec.
1923.09.
(A)
If an action under this chapter is not continued, the place of trial
is not changed, and neither party demands a jury
or
nonbinding mediation
on
the return day of the summons, a judge of the court shall try the
cause. After hearing the evidence, if the judge concludes that the
complaint is not true, the judge shall enter judgment against the
plaintiff for costs. If the judge finds the complaint to be true, the
judge shall render a general judgment against the defendant, in favor
of the plaintiff, for restitution of the premises and costs of suit.
If the judge finds the complaint true in part, the judge shall render
a judgment for restitution of that part only, and the costs shall be
taxed as the judge considers just.
(B)
If a judgment is entered under this section in favor of a plaintiff
who is a park operator, the judge shall include in the judgment entry
authority for the plaintiff to permit, in accordance with section
1923.12 and division (B) of section 1923.13 and division (B) of
section 1923.14 of the Revised Code, the removal from the
manufactured home park and potential sale, destruction, or transfer
of ownership of the defendant's manufactured home, mobile home, or
recreational vehicle.
Sec.
1923.111.
(A)
For purposes of this section, "suppressed court record"
means a court record that is accessible only to the following:
(1)
Judges;
(2)
Court staff;
(3)
A party to the case;
(4)
A party's attorney, if applicable;
(5)
Authorized judicial department staff;
(6)
A person with a valid court order authorizing access to the court
record.
(B)
Upon the commencement of an action under this chapter, a court shall
make any court record of the action a suppressed court record.
(C)
If a plaintiff prevails on the merits in the action, the record under
division (B) of this section is no longer a suppressed court record,
and the court shall make the record available to the public unless
the parties to the action agree that the record shall remain
suppressed. If the parties agree that the record shall remain
suppressed, the record remains a suppressed court record.
(D)
Any court record of the action under division (B) of this section
shall remain a suppressed court record when either of the following
applies:
(1)
The action was dismissed.
(2)
Judgment was granted for the defendant in the action.
(E)
Nothing in this section prevents the names of the parties included in
a court record that is suppressed pursuant to this section from being
used by the court for administrative purposes. The court shall not
publish the names of the parties online.
Sec.
1923.16.
Any
time after a complaint is filed under section 1923.05 of the Revised
Code, and before trial proceedings are commenced, either the
plaintiff or defendant may demand nonbinding mediation. Upon such a
demand, the court shall appoint a mediator, and the mediation shall
be conducted and concluded within fifty days after the complaint was
filed. Only a judge may extend the time for concluding the mediation.
If the mediation is not timely concluded, or does not resolve the
dispute, the cause of action shall proceed to trial under section
1923.09 or 1923.10 of the Revised Code. The judge shall determine
which party or parties shall pay the cost of the mediation.
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.
(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
.
(c)
Rules adopted under division (E)(3)(b) of this section related to
residential 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 building standards.
(d)
The
requirements for residential and nonresidential certification may
differ.
(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.
(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
.
(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
general contractor or owner under section 3781.181 of the Revised
Code
from
performing services for the department
or
the general contractor or owner
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)
The board of building standards shall do all of the following:
(1)
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)
Include on the list 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)
Publish the list 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 may notify the board
of building standards and the building department having jurisdiction
that the general contractor or owner intends to contract for an
independent plan review or inspection.
(2)
After sending notice, the general contractor or owner may enter into
a contract with a qualified third-party private inspector or a
building department included on the list maintained by the board
under division (C) of this section to conduct the plan review or
inspection of the residential or nonresidential building construction
project.
(3)
The general contractor or owner is responsible for payment of 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 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.
(E)
A building department having jurisdiction with respect to a
residential or nonresidential building inspection may contract for an
independent plan review or inspection in the same manner prescribed
by division (C) of this section, except that the building department
having jurisdiction shall pay any fee contracted for by the
third-party private inspector or certified building department.
(F)
A general contractor or owner of a residential or nonresidential
construction project may request a certificate of occupancy from
either of the following:
(1)
The building department having jurisdiction;
(2)
The board of building standards.
Sec.
5321.17.
(A)
Except as provided in division (C) of this section, the landlord or
the tenant may terminate or fail to renew a week-to-week tenancy by
notice given the other at least seven days prior to the termination
date specified in the notice.
(B)
Except as provided in division (C) of this section, the landlord or
the tenant may terminate or fail to renew a month-to-month tenancy by
notice given the other at least thirty days prior to the periodic
rental date.
(C)
If a tenant violates division (A)(9) of section 5321.05 of the
Revised Code and if the landlord has actual knowledge of or has
reasonable cause to believe that the tenant, any person in the
tenant's household, or any person on the residential premises with
the consent of the tenant previously has or presently is engaged in a
violation as described in division (A)(6)(a)(i) of section 1923.02 of
the Revised Code, the landlord shall terminate the week-to-week
tenancy, month-to-month tenancy, or other rental agreement with the
tenant by giving a notice of termination to the tenant in accordance
with this division. The notice shall specify that the tenancy or
other rental agreement is terminated three days after the giving of
the notice, and
the
shall
state that the tenant may qualify for free legal representation based
on income and recommend that the tenant inquire about eligibility
with legal aid at www.ohiolegalhelp.org or (866) 529-6446. The
landlord
may give the notice whether or not the tenant or other person has
been charged with, has pleaded guilty to or been convicted of, or has
been determined to be a delinquent child for an act that, if
committed by an adult, would be a violation as described in division
(A)(6)(a)(i) of section 1923.02 of the Revised Code. If the tenant
fails to vacate the premises within three days after the giving of
that notice, then the landlord promptly shall comply with division
(A)(9) of section 5321.04 of the Revised Code. For purposes of this
division, actual knowledge or reasonable cause to believe as
described in this division shall be determined in accordance with
division (A)(6)(a)(i) of section 1923.02 of the Revised Code.
(D)
This section does not apply to a termination based on the breach of a
condition of a rental agreement or the breach of a duty and
obligation imposed by law, except that it does apply to a breach of
the obligation imposed upon a tenant by division (A)(9) of section
5321.05 of the Revised Code.
Section
2.
That
existing sections 319.20, 1923.06, 1923.08, 1923.09, 3781.10, and
5321.17 of the Revised Code are hereby repealed.
Section
3.
(A)
Within one hundred and eighty days after the effective date of this
section, the Board of Building Standards shall complete a review of
those rules pertaining to the certification of persons to enforce the
residential building code adopted by the Board in accordance with
section 3781.10 of the Revised Code, as amended by this act,
including those rules pertaining to the following certification
types:
(1)
Residential building official;
(2)
Interim residential building official;
(3)
Residential plans examiner;
(4)
Interim residential plans examiner;
(5)
Residential plans examiner trainee;
(6)
Residential building inspector;
(7)
Interim residential building inspector;
(8)
Residential building inspector trainee;
(9)
Residential mechanical inspector;
(10)
Interim residential mechanical inspector;
(11)
Residential mechanical inspector trainee.
(B)
The Board shall conduct the review required by this section and amend
its rules with the goal of accomplishing all of the following:
(1)
Making the certification process more accessible and appealing
without compromising the integrity and quality of enforcement of the
residential building code;
(2)
Simplifying the certification process, reducing bureaucratic hurdles,
and increasing transparency to make the process less daunting and
more appealing to potential candidates;
(3)
Modifying the trainee program to allow for a broader range of
supervisory relationships and experiences to provide more pathways
for individuals to gain access to the necessary qualifications;
(4)
Revising supervisory ratios to allow supervisors to oversee more
trainees to increase the efficiency of the training process and the
number of candidates moving through it.