As Passed by the Senate
136th General Assembly
Regular Session S. B. No. 6
2025-2026
Senator Roegner
Cosponsors: Senators Brenner, Antonio, Chavez, Cirino, Craig, Gavarone, Hicks-
Hudson, Lang, O'Brien, Patton, Reineke, Reynolds, Romanchuk, Schaffer
A B I L L
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
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As Passed by the Senate
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.
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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
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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
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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
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As Passed by the Senate
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
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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
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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.
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(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.
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