State Representatives Sharon A. Ray and Bill Roemer — House Commerce and Labor Committee, House Bill 372

Summary

This is sponsor testimony from State Representatives Sharon A. Ray and Bill Roemer to the House Commerce and Labor Committee on House Bill 372, which aims to make Ohio's building inspection process more efficient by allowing expedited appeals. The testimony describes Ohio's Board of Building Appeals, created in 2004, and local appeals boards, and says appeals at both levels can add up to a 2 month delay. Under the bill, a board must commence an expedited appeal within 24hrs of a request and hold a hearing within 72hrs, excluding weekends and legal holidays, and meetings may be hosted by teleconference. The requester would pay any fees the board sets, not to exceed $500 per day or $1,500 total. It notes companion legislation, SB 196, sponsored by Senator Kristina Roegner.

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Full text

                                    State Representatives
                                        Sharon A. Ray
                                         Bill Roemer
Chairman Stein, Vice-Chair Johnson, Ranking Member Lepore-Hagan, and Members of the
House Commerce and Labor Committee, thank you for the opportunity to testify on House Bill
372, which aims to make Ohio’s building inspection process more efficient by allowing for
expedited appeals.


In Ohio, contractors completing building projects must have their work inspected by local
building departments. On occasion, building inspectors will raise concerns that the builders must
rectify. In most cases, contractors complete the recommended changes and the project is able to
continue or receive a certificate of occupancy with little impact. However, sometimes the
changes requested by inspectors are incompatible with plans already pre-approved by the local
government and contractor. It is when contractors and inspectors disagree that Ohio’s existing
inspection appeals process is intended to resolve the dispute


Ohio’s Board of Building Appeals was created in 2004 and consists of 5 members, appointed by
the Governor for 4 year terms, with section 3781.19 of the Ohio Revised Code dictating the
board consist of one: attorney, registered architect, professional engineer, fire prevention officer,
and plumber or pipefitter.


In addition to the State Board of Building Appeals, political subdivisions often have their own
local appeals boards. The state board operates both in lieu of a local board when one does not
exist, and as a next step in the process if one of the parties disagrees with the local board’s
decision. (A local appeals board decision can also be appealed directly to the local court of
common pleas). The boards at both levels must respond within 30 days following an adjudication
hearing. Therefore if an issue is appealed at the local level (up to 30 days) and subsequently the
state level (up to 30 days), this can result in up to a 2 month delay on the project. Everyone
familiar with construction understands that delays are costly both for the contractor but also for
the end customer whose business is also impacted by the delay. With Ohio’s always volatile
weather and this climate of material and labor shortages, bureaucracy shouldn’t be an additional
hurdle Ohio’s builders have to face. House Bill 373 will help loosen the shackles of government
by both allowing boards of building appeals to meet virtually and by creating an avenue for
builders to request an expedited appeal.


Under House Bill 372, the state board of building appeals or local board of appeals must do the
following when a request for expedited appeal is made:
• Commence the appeal within 24hrs of the request being made, excluding Saturdays, Sundays,
and legal holidays in ORC 1.14, and;
• Hold a hearing within 72hrs of the request being made, excluding Saturdays, Sundays, and
legal holidays in ORC 1.14. Meetings can be hosted via teleconference for logistical
convenience.


If a request for expedited appeal made during the course of a normal appeal process, such as
when the board has issued a continuance to request additional evidence, the board shall hold a
hearing/follow-up hearing within three days of the request.


To fund the expedited process, the person making the request shall pay any fees established by
the board, not to exceed $500 per day or $1,500 total. It should be noted that the maximum fee
for the State Board of Building Appeals and Local Building Appeal Board are $200 and $100
respectively.


This expedited inspection appeals process for contractors at the state and local level, at the
contractor’s expense, is the workable solution to keep projects on track, on time, on budget and
to keep Ohioans working safely.


There is companion legislation in the Senate. SB 196 is sponsored by Senator Kristina Roegner.
Thank you for the opportunity to provide sponsor testimony. We will be happy to answer any
questions at this time.


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