Bill Summary – FastDemocracy

OHIO LEGISLATIVE SERVICE COMMISSION
                                                  Office of Research                            Legislative Budget
         www.lsc.ohio.gov                           and Drafting                                      Office
                             S.B. 196                                  Bill Analysis
                  134th   General Assembly
                                                                       Click here for S.B. 196’s Fiscal Note
Version: As Passed by the Senate
Primary Sponsor: Sen. Roegner
Effective Date:
Nick Thomas, Research Analyst
                                                            SUMMARY
                     Allows for expedited appeals to the Ohio Board of Building Appeals and county and
                          municipal boards of building appeals.
                                                   DETAILED ANALYSIS
       The Ohio Board of Building Appeals hears appeals to orders enforcing the Ohio Building
Code, the Residential Code of Ohio (the building code for residential structures), the Ohio Fire
Code, the Ohio Elevator Code, and the Ohio Boiler Pressure and Vessel Code. The Board of
Building Appeals may also certify county and municipal boards of building appeals to hear
appeals to orders enforcing the Ohio Building Code and the Residential Code of Ohio.1 The bill
provides for expedited appeals to these boards.
Requests and scheduling for expedited appeals
       Under current law, when a party appeals an order, the Board of Building Appeals, or the
relevant county or municipal board, is required to schedule the appeal hearing, no sooner than
seven days and no later than 15 days after the appeal is requested. 2 The bill allows appellants
to request expedited appeals. If an expedited appeal is requested when the appeal itself is
requested, the bill requires the board to which the appeal is made to both:
                     Commence the appeal within one day after the request is made, excluding Saturdays,
                          Sundays, and legal holidays;
                     Hold a hearing within five days after the request is made, excluding Saturdays, Sundays,
                          and legal holidays.
1                 R.C. 3781.19 and 3781.20; Ohio Administrative Code (O.A.C.) 4101:13-1-04, not in the bill.
2                 R.C. 119.07, not in the bill.
                                                                                                               May 19, 2022
Office of Research and Drafting                       LSC                         Legislative Budget Office
       If an expedited appeal is not requested at the outset, the person who requested the
appeal may later request that the remainder of the appeal be expedited if certain conditions
are present. Those conditions are that, 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. In those circumstances, the person may request that any
follow-up hearing be expedited within five days of the continuance’s issue, excluding Saturdays,
Sundays, and legal holidays. The follow-up hearing then must be held within five days of the
request. (See COMMENT.)
       Under the bill, the board conducting an expedited hearing must provide all parties a
notice before conducting the hearing, but may hold the hearing by electronic means.3
Fees for expedited appeals
        Under continuing law, the Board of Building Appeals is permitted to establish
reasonable fees for appeals, based on actual costs for administration of filing and processing
and not exceeding $200 (the current fee is $200). County and municipal boards of building
appeals are also permitted to establish reasonable, cost-based, fees for appeals that do not
exceed $100. The bill allows the Board of Building Appeals, and county and municipal boards, to
establish additional fees for expedited appeals. Those fees cannot exceed $500 for each day the
appeal is pending or $1,000 in total.4
Rules
        The Board of Building Standards is authorized, by the bill, to adopt rules implementing
its provisions.5
                                             COMMENT
       Generally, under continuing law, the Board of Building Appeals, and a county or
municipal board, must issue its decision within 30 days of an appeal hearing. The bill states that
this deadline does not apply in the case of expedited appeals, but the bill does not provide an
alternative deadline.6
3   R.C. 3781.21(A) and (C).
4   R.C. 3781.19, 3781.20(B), 3781.21(B); O.A.C. 4101:13-1-13, not in the bill.
5   R.C. 3781.21(D).
6   R.C. 3781.19, fifth paragraph.
P a g e |2                                                                                        S.B. 196
                                                                                   As Passed by the Senate
Office of Research and Drafting                LSC               Legislative Budget Office
                                         HISTORY
                             Action                             Date
Introduced                                           06-02-21
Reported, S. Small Business & Economic Opportunity   04-06-22
Passed Senate (32-0)                                 04-06-22
ANSB0196PS-134/ts
P a g e |3                                                                       S.B. 196
                                                                  As Passed by the Senate
Statutes affected: 
As Introduced: 3781.19, 3781.20
As Reported By Senate Committee: 3781.19, 3781.20
As Passed By Senate: 3781.19, 3781.20