Am. H. B. No. 25 As Reported by the House Energy and Environment Committee

Representatives Gibbs, Grendell, Peterson, Seitz, Otterman, McGregor, Core, Gilb, Hollister, Niehaus, Setzer, Wagner, DeBose, Domenick, Skindell, Carmichael

A BILL

To amend sections 307.37 and 711.131 and to repeal 1
section 4740.14 of the Revised Code to permit 2
counties to include regulations in their building 3
codes to protect existing surface and subsurface 4
drainage, and to eliminate the Residential 5
Construction Advisory Committee. 6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 307.37 and 711.131 of the Revised 7
Code be amended to read as follows: 8

       Sec. 307.37. (A)~~(1)~~As used in this section, "proposed new 9
construction" means a proposal to erect, construct, repair, alter, 10
redevelop, or maintain a single-family, two-family, or 11
three-family dwelling or any structure that is regulated by the 12
Ohio building code. 13

       (B)(1) The board of county commissioners, in addition to its 14
other powers, may adopt, amend, rescind, administer, and enforce 15
regulations pertaining to the erection, construction, repair, 16
alteration, redevelopment, and maintenance of single-family, 17
two-family, and three-family dwellings within the unincorporated 18
territory of the county, or the board may establish districts in 19
any part of the unincorporated territory and may adopt, amend, 20
rescind, administer, and enforce such regulations in the 21
districts. When adopted, all regulations, including service 22
charges, shall be uniform within all districts in which building 23
codes are established; however, more stringent regulations may be 24
imposed in flood hazard areas and in Lake Erie coastal erosion 25
areas identified under section 1506.06 of the Revised Code in 26
order to prevent or reduce the hazard resulting from flooding and 27
from erosion along Lake Erie. InExcept as provided in division 28
(B)(3) of this section, in no case shall the regulations go beyond 29
the scope of regulating the safety, health, and sanitary 30
conditions of ~~such~~those buildings. ~~Any~~ 31

       Any person adversely affected by an order of the board 32
adopting, amending, or rescinding a regulation under this section 33
may appeal to the court of common pleas of the county on the 34
ground that the board failed to comply with the law in adopting, 35
amending, rescinding, publishing, or distributing the ~~regulations~~ 36
regulation, or that the regulation, as adopted or amended by the 37
board, is unreasonable or unlawful, or that the revision of the 38
regulation was unreasonable or unlawful. 39

       (2) A county building code may include regulations for 40
participation in the national flood insurance program established 41
in the "Flood Disaster Protection Act of 1973," 87 Stat. 975, 42 42
U.S.C.A. 4002, as amended, and regulations adopted for the 43
purposes of section 1506.04 or 1506.07 of the Revised Code 44
governing the prohibition, location, erection, construction, 45
redevelopment, or floodproofing of new buildings or structures, 46
substantial improvements to existing buildings or structures, or 47
other development in unincorporated territory within flood hazard 48
areas identified under the "Flood Disaster Protection Act of 49
1973," 87 Stat. 975, 42 U.S.C.A. 4002, as amended, or within Lake 50
Erie coastal erosion areas identified under section 1506.06 of the 51
Revised Code, including, but not limited to, residential, 52
commercial, institutional, or industrial buildings or structures 53
or other permanent structures, as ~~that term is~~ defined in section 54
1506.01 of the Revised Code. Rules adopted under division 55
~~(A)~~(B)(2) of this section shall not conflict with the Ohio 56
building code. 57

       (3)(a) A county building code may include regulations that 58
provide for a review of the specific effects of a proposed new 59
construction on existing surface or subsurface drainage. The 60
regulations may require reasonable drainage mitigation and 61
reasonable alteration of a proposed new construction before a 62
building permit is issued in order to prevent or correct any 63
adverse effects that the proposed new construction may have on 64
existing surface or subsurface drainage. 65

       (b) If regulations are adopted under division (B)(3) of this 66
section, the board shall specify in the regulations a procedure 67
for the review of the specific effects of a proposed new 68
construction on existing surface or subsurface drainage. The 69
procedure shall include at a minimum all of the following: 70

       (i) A meeting at which the proposed new construction shall be 71
examined for those specific effects. The meeting shall be held 72
within thirty days after an application for a building permit is 73
filed unless the applicant agrees in writing to extend that time 74
period or to postpone the meeting to another date, time, or place. 75
The meeting shall be scheduled within five days after an 76
application for a building permit is filed. 77

        (ii) Written notice of the date, time, and place of that 78
meeting, sent by regular mail to the applicant. The written notice 79
shall be mailed at least seven days before the scheduled meeting 80
date. 81

        (iii) Completion of the review by the board of county 82
commissioners not later than thirty days after the application for 83
a building permit is filed unless the applicant has agreed in 84
writing to extend that time period or postpone the meeting to a 85
later time, in which case the review shall be completed not later 86
than two days after the date of the meeting. A complete review 87
shall include the issuance of any order of the board of county 88
commissioners regarding necessary reasonable drainage mitigation 89
and necessary reasonable alterations to the proposed new 90
construction to prevent or correct any adverse effects on existing 91
surface or subsurface drainage. If the review is not completed 92
within the thirty-day period or an extended or postponed period 93
that the applicant has agreed to, the proposed new construction 94
shall be deemed to have no adverse effects on existing surface or 95
subsurface drainage, and those effects shall not be a valid basis 96
for the denial of a building permit. 97

        (iv) A written statement, provided to the applicant at the 98
meeting or in an order for alterations to a proposed new 99
construction, informing the applicant of the right to seek 100
appellate review of the denial of a building permit under division 101
(B)(3)(b)(iii) of this section by filing a petition in accordance 102
with Chapter 2506. of the Revised Code. 103

        (c) The regulations may authorize the board to enter into an 104
agreement with the county engineer or another qualified person or 105
entity to carry out any necessary inspections and make evaluations 106
about what, if any, alterations are necessary to prevent or 107
correct any adverse effects that a proposed new construction may 108
have on existing surface or subsurface drainage. 109

       (d) Regulations authorized by division (B)(3) of this section 110
shall not apply to any property that has been approved by a 111
platting authority under section 711.05, 711.09, 711.10, or 112
711.131 of the Revised Code. 113

       (e) As used in division (B)(3) of this section, "subsurface 114
drainage" does not include a household sewage disposal system as 115
defined in section 3709.091 of the Revised Code. 116

       ~~(B)~~(C) Regulations or amendments may be adopted under this 117
section only after public hearing at not fewer than two regular 118
sessions of the board. The board shall cause to be published in a 119
newspaper of general circulation in the county notice of the 120
public hearings, including time, date, and place, once a week for 121
two weeks immediately preceding the hearings. The proposed 122
regulations or amendments shall be made available by the board to 123
the public at the board office. The regulations or amendments 124
shall take effect on the thirty-first day following the date of 125
their adoption. 126

       ~~(C)~~(D) No person shall violate any regulation of the board 127
adopted under sections 307.37 to 307.40 of the Revised Code. 128

       Each day during which an illegal location, erection, 129
construction, floodproofing, repair, alteration, development, 130
redevelopment, or maintenance continues may be considered a 131
separate offense. 132

       ~~(D)~~(E) Regulations or amendments adopted by resolution of the 133
board do not affect buildings or structures that exist or on which 134
construction has begun on or before the date the regulation or 135
amendment is adopted by the board. 136

       ~~(E)~~(F) The board may provide for a building regulation 137
department and may employ ~~such~~ personnel asthat it determines to 138
be necessary for the purpose of enforcing its regulations. Upon 139
certification of the building department under section 3781.10 of 140
the Revised Code, the board may direct the county building 141
department to exercise enforcement authority and to accept and 142
approve plans pursuant to sections 3781.03 and 3791.04 of the 143
Revised Code for any other kind or class of building in the 144
unincorporated territory of the county. 145

       Sec. 711.131. Notwithstanding sections 711.001 to 711.13 of 146
the Revised Code, a proposed division of a parcel of land along an 147
existing public street, not involving the opening, widening, or 148
extension of any street or road, and involving no more than five 149
lots after the original tract has been completely subdivided, may 150
be submitted to the authority having approving jurisdiction of 151
plats under section 711.05, 711.09, or 711.10 of the Revised Code 152
for approval without plat. If the authority acting through a 153
properly designated representative is satisfied that the proposed 154
division is not contrary to applicable platting, subdividing, 155
zoning, or access management regulations or regulations adopted 156
under division (B)(3) of section 307.37 of the Revised Code 157
regarding existing surface or subsurface drainage, it shall within 158
seven working days after submission approve the proposed division 159
and, on presentation of a conveyance of the parcel, shall stamp 160
the conveyance "approved by (planning authority); no plat 161
required" and have it signed by its clerk, secretary, or other 162
official as may be designated by it. The planning authority may 163
require the submission of a sketch and other information that is 164
pertinent to its determination under this section. 165

       Section 2. That existing sections 307.37 and 711.131 and 166
section        Sec. 4740.14. of the Revised Code are hereby repealed. 167

       Section 3. The provisions of Section 1 of this act regarding 168
surface or subsurface drainage regulations shall not apply to any 169
property for which a plat is submitted for approval under section 170
711.05, 711.09, or 711.10 of the Revised Code, or for which a 171
proposed division is submitted for approval without plat under 172
section 711.131 of the Revised Code, on or before the effective 173
date of this act if the approval of the submitted plat or proposed 174
division is pending on the effective date of this act. 175

Section 1. That sections 307.37 and 711.131 of the Revised	7
Code be amended to read as follows:	8

Sec. 307.37. (A)~~(1)~~As used in this section, "proposed new	9
construction" means a proposal to erect, construct, repair, alter,	10
redevelop, or maintain a single-family, two-family, or	11
three-family dwelling or any structure that is regulated by the	12
Ohio building code.	13

(B)(1) The board of county commissioners, in addition to its	14
other powers, may adopt, amend, rescind, administer, and enforce	15
regulations pertaining to the erection, construction, repair,	16
alteration, redevelopment, and maintenance of single-family,	17
two-family, and three-family dwellings within the unincorporated	18
territory of the county, or the board may establish districts in	19
any part of the unincorporated territory and may adopt, amend,	20
rescind, administer, and enforce such regulations in the	21
districts. When adopted, all regulations, including service	22
charges, shall be uniform within all districts in which building	23
codes are established; however, more stringent regulations may be	24
imposed in flood hazard areas and in Lake Erie coastal erosion	25
areas identified under section 1506.06 of the Revised Code in	26
order to prevent or reduce the hazard resulting from flooding and	27
from erosion along Lake Erie. InExcept as provided in division	28
(B)(3) of this section, in no case shall the regulations go beyond	29
the scope of regulating the safety, health, and sanitary	30
conditions of ~~such~~those buildings. ~~Any~~	31

Any person adversely affected by an order of the board	32
adopting, amending, or rescinding a regulation under this section	33
may appeal to the court of common pleas of the county on the	34
ground that the board failed to comply with the law in adopting,	35
amending, rescinding, publishing, or distributing the ~~regulations~~	36
regulation, or that the regulation, as adopted or amended by the	37
board, is unreasonable or unlawful, or that the revision of the	38
regulation was unreasonable or unlawful.	39

(2) A county building code may include regulations for	40
participation in the national flood insurance program established	41
in the "Flood Disaster Protection Act of 1973," 87 Stat. 975, 42	42
U.S.C.A. 4002, as amended, and regulations adopted for the	43
purposes of section 1506.04 or 1506.07 of the Revised Code	44
governing the prohibition, location, erection, construction,	45
redevelopment, or floodproofing of new buildings or structures,	46
substantial improvements to existing buildings or structures, or	47
other development in unincorporated territory within flood hazard	48
areas identified under the "Flood Disaster Protection Act of	49
1973," 87 Stat. 975, 42 U.S.C.A. 4002, as amended, or within Lake	50
Erie coastal erosion areas identified under section 1506.06 of the	51
Revised Code, including, but not limited to, residential,	52
commercial, institutional, or industrial buildings or structures	53
or other permanent structures, as ~~that term is~~ defined in section	54
1506.01 of the Revised Code. Rules adopted under division	55
~~(A)~~(B)(2) of this section shall not conflict with the Ohio	56
building code.	57

(3)(a) A county building code may include regulations that	58
provide for a review of the specific effects of a proposed new	59
construction on existing surface or subsurface drainage. The	60
regulations may require reasonable drainage mitigation and	61
reasonable alteration of a proposed new construction before a	62
building permit is issued in order to prevent or correct any	63
adverse effects that the proposed new construction may have on	64
existing surface or subsurface drainage.	65

(b) If regulations are adopted under division (B)(3) of this	66
section, the board shall specify in the regulations a procedure	67
for the review of the specific effects of a proposed new	68
construction on existing surface or subsurface drainage. The	69
procedure shall include at a minimum all of the following:	70

(i) A meeting at which the proposed new construction shall be	71
examined for those specific effects. The meeting shall be held	72
within thirty days after an application for a building permit is	73
filed unless the applicant agrees in writing to extend that time	74
period or to postpone the meeting to another date, time, or place.	75
The meeting shall be scheduled within five days after an	76
application for a building permit is filed.	77

(ii) Written notice of the date, time, and place of that	78
meeting, sent by regular mail to the applicant. The written notice	79
shall be mailed at least seven days before the scheduled meeting	80
date.	81

(iii) Completion of the review by the board of county	82
commissioners not later than thirty days after the application for	83
a building permit is filed unless the applicant has agreed in	84
writing to extend that time period or postpone the meeting to a	85
later time, in which case the review shall be completed not later	86
than two days after the date of the meeting. A complete review	87
shall include the issuance of any order of the board of county	88
commissioners regarding necessary reasonable drainage mitigation	89
and necessary reasonable alterations to the proposed new	90
construction to prevent or correct any adverse effects on existing	91
surface or subsurface drainage. If the review is not completed	92
within the thirty-day period or an extended or postponed period	93
that the applicant has agreed to, the proposed new construction	94
shall be deemed to have no adverse effects on existing surface or	95
subsurface drainage, and those effects shall not be a valid basis	96
for the denial of a building permit.	97

(iv) A written statement, provided to the applicant at the	98
meeting or in an order for alterations to a proposed new	99
construction, informing the applicant of the right to seek	100
appellate review of the denial of a building permit under division	101
(B)(3)(b)(iii) of this section by filing a petition in accordance	102
with Chapter 2506. of the Revised Code.	103

(c) The regulations may authorize the board to enter into an	104
agreement with the county engineer or another qualified person or	105
entity to carry out any necessary inspections and make evaluations	106
about what, if any, alterations are necessary to prevent or	107
correct any adverse effects that a proposed new construction may	108
have on existing surface or subsurface drainage.	109

(d) Regulations authorized by division (B)(3) of this section	110
shall not apply to any property that has been approved by a	111
platting authority under section 711.05, 711.09, 711.10, or	112
711.131 of the Revised Code.	113

(e) As used in division (B)(3) of this section, "subsurface	114
drainage" does not include a household sewage disposal system as	115
defined in section 3709.091 of the Revised Code.	116

~~(B)~~(C) Regulations or amendments may be adopted under this	117
section only after public hearing at not fewer than two regular	118
sessions of the board. The board shall cause to be published in a	119
newspaper of general circulation in the county notice of the	120
public hearings, including time, date, and place, once a week for	121
two weeks immediately preceding the hearings. The proposed	122
regulations or amendments shall be made available by the board to	123
the public at the board office. The regulations or amendments	124
shall take effect on the thirty-first day following the date of	125
their adoption.	126

~~(C)~~(D) No person shall violate any regulation of the board	127
adopted under sections 307.37 to 307.40 of the Revised Code.	128

Each day during which an illegal location, erection,	129
construction, floodproofing, repair, alteration, development,	130
redevelopment, or maintenance continues may be considered a	131
separate offense.	132

~~(D)~~(E) Regulations or amendments adopted by resolution of the	133
board do not affect buildings or structures that exist or on which	134
construction has begun on or before the date the regulation or	135
amendment is adopted by the board.	136

~~(E)~~(F) The board may provide for a building regulation	137
department and may employ ~~such~~ personnel asthat it determines to	138
be necessary for the purpose of enforcing its regulations. Upon	139
certification of the building department under section 3781.10 of	140
the Revised Code, the board may direct the county building	141
department to exercise enforcement authority and to accept and	142
approve plans pursuant to sections 3781.03 and 3791.04 of the	143
Revised Code for any other kind or class of building in the	144
unincorporated territory of the county.	145

Sec. 711.131. Notwithstanding sections 711.001 to 711.13 of	146
the Revised Code, a proposed division of a parcel of land along an	147
existing public street, not involving the opening, widening, or	148
extension of any street or road, and involving no more than five	149
lots after the original tract has been completely subdivided, may	150
be submitted to the authority having approving jurisdiction of	151
plats under section 711.05, 711.09, or 711.10 of the Revised Code	152
for approval without plat. If the authority acting through a	153
properly designated representative is satisfied that the proposed	154
division is not contrary to applicable platting, subdividing,	155
zoning, or access management regulations or regulations adopted	156
under division (B)(3) of section 307.37 of the Revised Code	157
regarding existing surface or subsurface drainage, it shall within	158
seven working days after submission approve the proposed division	159
and, on presentation of a conveyance of the parcel, shall stamp	160
the conveyance "approved by (planning authority); no plat	161
required" and have it signed by its clerk, secretary, or other	162
official as may be designated by it. The planning authority may	163
require the submission of a sketch and other information that is	164
pertinent to its determination under this section.	165

Section 2. That existing sections 307.37 and 711.131 and	166
section Sec. 4740.14. of the Revised Code are hereby repealed.	167

Section 3. The provisions of Section 1 of this act regarding	168
surface or subsurface drainage regulations shall not apply to any	169
property for which a plat is submitted for approval under section	170
711.05, 711.09, or 711.10 of the Revised Code, or for which a	171
proposed division is submitted for approval without plat under	172
section 711.131 of the Revised Code, on or before the effective	173
date of this act if the approval of the submitted plat or proposed	174
division is pending on the effective date of this act.	175