Ohio Senate Bill 6 – Building Inspections
Subject: Analysis of Ohio Senate Bill 6 (SB 6) regarding amendments to laws relating to building inspections.
Summary:
Ohio Senate Bill 6 (SB 6) proposes changes to Ohio Revised Code sections 3781.19 and 3781.20 and enacts section 3781.21, concerning building inspections and appeals processes. The bill addresses the establishment, function, and certification of building appeals boards at both the state and local levels, and introduces a new provision for expedited appeals.
Key Themes and Provisions:
- State Board of Building Appeals (3781.19):
- Establishes the State Board of Building Appeals within the Department of Commerce.
- Specifies the composition of the board: five members appointed by the governor, including an attorney, a registered architect, a professional engineer, a fire prevention officer, and a plumbing/pipefitting professional.
- Outlines the terms of office (four years) and the process for filling vacancies.
- Grants the board the authority to adopt its own rules of procedure and establish fees for filing and processing appeals, including “additional fees for any expedited appeal subject to section 3781.21 of the Revised Code.”
- The Board can reverse or modify orders if it finds that the order is contrary to the relevant chapters of the Ohio Revised Code.
- Guarantees public access to the board’s records.
- Local (Municipal & County) Boards of Building Appeals (3781.20):
- Authorizes the Board of Building Standards to certify municipal and county boards of building appeals.
- Grants certified local boards “exclusive jurisdiction to hear and decide all adjudication hearings arising from rulings of the local chief enforcement official.”
- Defines the composition of local boards: five members, including an attorney, a registered architect, a structural engineer, a mechanical engineer, and a representative of organized labor. Note: A municipal board may not need an attorney if it is not required by the charter of the municipal corporation.
- Specifies the application process for certification, including submitting the resolution/ordinance establishing the board, dates of appointments, terms, and professional requirements.
- Outlines the grounds for revocation of certification.
- Limits the fees that can be charged for appeals: “not to exceed one hundred dollars, for the costs of filing and processing appeals.”
- Clarifies that local boards cannot prohibit the use of materials or assemblages licensed for statewide use.
- Expedited Appeals (3781.21):
- Introduces a process for expedited appeals of building inspection orders.
- Mandates that if an expedited appeal is requested, the appeals board must “commence the appeal within one day after the request was made… [and] hold a hearing within five days after the request was made” (excluding weekends and holidays).
- Allows a person who did not initially request an expedited appeal to request the remainder of the appeal proceeding to be expedited if the board issues a continuance of the hearing.
- States that an expedited hearing takes precedence over the “seven-day notice requirement under section 119.07 of the Revised Code.”
- Permits the board to establish fees for expedited appeals, “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.”
- Authorizes the board to conduct expedited hearings via teleconference, video conference, or other electronic technology.
Important Ideas and Facts:
- Focus on Efficiency: SB 6 introduces a new expedited appeals process designed to resolve building inspection disputes more quickly.
- Role of Local Boards: The bill reinforces the role of certified local boards of building appeals, granting them exclusive jurisdiction over local rulings.
- Qualifications of Board Members: The bill specifies the professional qualifications and experience required for membership on both state and local boards, aiming to ensure expertise in building-related matters.
- Fees and Costs: The bill addresses fees associated with both regular and expedited appeals, setting limits on the amounts that can be charged.
- Accessibility for Persons with Disabilities: The bill emphasizes giving notice of hearings concerning section 3781.111 of the Revised Code or any rule made thereunder, to any local corporation, association, or other organization composed of or representing persons with disabilities.
Quotes:
- “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.” (Regarding the State Board of Building Appeals)
- “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…” (Regarding local board authority)
- “Any appeal of an order requested under section 3781.19 or 3781.20 of the Revised Code may be requested to be expedited.” (Introducing the concept of expedited appeals)
- “the board shall hold the follow-up hearing within five days of the request, excluding Saturdays, Sundays, and legal holidays” (regarding expedited appeals)
- “the person making the request for an expedited appeal… 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.” (Regarding the fees for expedited appeals)
Potential Implications:
- SB 6 could lead to faster resolution of building inspection disputes, particularly if the expedited appeals process is widely used.
- The emphasis on local board certification could empower local governments to handle building appeals more effectively.
- The specified qualifications for board members may enhance the expertise and credibility of appeals boards.
Further Considerations:
- The potential impact of expedited appeals on the workload and resources of the appeals boards should be evaluated.
- The effectiveness of the fee structure for expedited appeals in covering costs and deterring frivolous requests should be monitored.
- The implementation of the bill’s provisions related to persons with disabilities should be carefully tracked to ensure accessibility.