Sub. H. B. No. 25 As Reported by the Senate Energy, Natural Resources and Environment Committee

Representatives Gibbs, Grendell, Peterson, Seitz, Otterman, McGregor, Core, Gilb, Hollister, Niehaus, Setzer, Wagner, DeBose, Domenick, Skindell, Carmichael, Aslanides, Buehrer, Cates, Chandler, Cirelli, Clancy, Collier, Flowers, Hoops, Hughes, Kearns, Koziura, S. Patton, Reidelbach, Taylor, Wolpert

Senator Spada

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. The regulations shall not 65
be inconsistent with, more stringent than, or broader in scope 66
than standards adopted by the natural resource conservation 67
service in the United States department of agriculture concerning 68
drainage or rules adopted by the environmental protection agency 69
for reducing, controlling, or mitigating storm water runoff from 70
construction sites, where applicable. The regulations shall allow 71
a person who is registered under Chapter 4703. or 4733. of the 72
Revised Code to prepare and submit relevant plans and other 73
documents for review, provided that the person is authorized to 74
prepare the plans and other documents pursuant to the person's 75
registration. 76

       (b) If regulations are adopted under division (B)(3) of this 77
section, the board shall specify in the regulations a procedure 78
for the review of the specific effects of a proposed new 79
construction on existing surface or subsurface drainage. The 80
procedure shall include at a minimum all of the following: 81

       (i) A meeting at which the proposed new construction shall be 82
examined for those specific effects. The meeting shall be held 83
within thirty days after an application for a building permit is 84
filed or a review is requested unless the applicant agrees in 85
writing to extend that time period or to postpone the meeting to 86
another date, time, or place. The meeting shall be scheduled 87
within five days after an application for a building permit is 88
filed or a review is requested. 89

        (ii) Written notice of the date, time, and place of that 90
meeting, sent by regular mail to the applicant. The written notice 91
shall be mailed at least seven days before the scheduled meeting 92
date. 93

        (iii) Completion of the review by the board of county 94
commissioners not later than thirty days after the application for 95
a building permit is filed or a review is requested unless the 96
applicant has agreed in writing to extend that time period or 97
postpone the meeting to a later time, in which case the review 98
shall be completed not later than two days after the date of the 99
meeting. A complete review shall include the issuance of any order 100
of the board of county commissioners regarding necessary 101
reasonable drainage mitigation and necessary reasonable 102
alterations to the proposed new construction to prevent or correct 103
any adverse effects on existing surface or subsurface drainage. If 104
the review is not completed within the thirty-day period or an 105
extended or postponed period that the applicant has agreed to, the 106
proposed new construction shall be deemed to have no adverse 107
effects on existing surface or subsurface drainage, and those 108
effects shall not be a valid basis for the denial of a building 109
permit. 110

        (iv) A written statement, provided to the applicant at the 111
meeting or in an order for alterations to a proposed new 112
construction, informing the applicant of the right to seek 113
appellate review of the denial of a building permit under division 114
(B)(3)(b)(iii) of this section by filing a petition in accordance 115
with Chapter 2506. of the Revised Code. 116

        (c) The regulations may authorize the board, after obtaining 117
the advice of the county engineer, to enter into an agreement with 118
the county engineer or another qualified person or entity to carry 119
out any necessary inspections and make evaluations about what, if 120
any, alterations are necessary to prevent or correct any adverse 121
effects that a proposed new construction may have on existing 122
surface or subsurface drainage. 123

       (d) Regulations authorized by division (B)(3) of this section 124
shall not apply to any property that has been approved by a 125
platting authority under section 711.05, 711.09, 711.10, or 126
711.131 of the Revised Code. 127

       (e) As used in division (B)(3) of this section, "subsurface 128
drainage" does not include a household sewage disposal system as 129
defined in section 3709.091 of the Revised Code. 130

       ~~(B)~~(C) Regulations or amendments may be adopted under this 131
section only after public hearing at not fewer than two regular 132
sessions of the board. The board shall cause to be published in a 133
newspaper of general circulation in the county notice of the 134
public hearings, including time, date, and place, once a week for 135
two weeks immediately preceding the hearings. The proposed 136
regulations or amendments shall be made available by the board to 137
the public at the board office. The regulations or amendments 138
shall take effect on the thirty-first day following the date of 139
their adoption. 140

       ~~(C)~~(D) No person shall violate any regulation of the board 141
adopted under sections 307.37 to 307.40 of the Revised Code. 142

       Each day during which an illegal location, erection, 143
construction, floodproofing, repair, alteration, development, 144
redevelopment, or maintenance continues may be considered a 145
separate offense. 146

       ~~(D)~~(E) Regulations or amendments adopted by resolution of the 147
board do not affect buildings or structures that exist or on which 148
construction has begun on or before the date the regulation or 149
amendment is adopted by the board. 150

       ~~(E)~~(F) The board may provide for a building regulation 151
department and may employ ~~such~~ personnel asthat it determines to 152
be necessary for the purpose of enforcing its regulations. Upon 153
certification of the building department under section 3781.10 of 154
the Revised Code, the board may direct the county building 155
department to exercise enforcement authority and to accept and 156
approve plans pursuant to sections 3781.03 and 3791.04 of the 157
Revised Code for any other kind or class of building in the 158
unincorporated territory of the county. 159

       Sec. 711.131. Notwithstanding sections 711.001 to 711.13 of 160
the Revised Code, a proposed division of a parcel of land along an 161
existing public street, not involving the opening, widening, or 162
extension of any street or road, and involving no more than five 163
lots after the original tract has been completely subdivided, may 164
be submitted to the authority having approving jurisdiction of 165
plats under section 711.05, 711.09, or 711.10 of the Revised Code 166
for approval without plat. If the authority acting through a 167
properly designated representative is satisfied that the proposed 168
division is not contrary to applicable platting, subdividing, 169
zoning, or access management regulations or regulations adopted 170
under division (B)(3) of section 307.37 of the Revised Code 171
regarding existing surface or subsurface drainage, it shall within 172
seven working days after submission approve the proposed division 173
and, on presentation of a conveyance of the parcel, shall stamp 174
the conveyance "approved by (planning authority); no plat 175
required" and have it signed by its clerk, secretary, or other 176
official as may be designated by it. The planning authority may 177
require the submission of a sketch and other information that is 178
pertinent to its determination under this section. 179

       Section 2. That existing sections 307.37 and 711.131 and 180
section        Sec. 4740.14. of the Revised Code are hereby repealed. 181

       Section 3. The provisions of Section 1 of this act regarding 182
surface or subsurface drainage regulations shall not apply to any 183
property for which a plat is submitted for approval under section 184
711.05, 711.09, or 711.10 of the Revised Code, or for which a 185
proposed division is submitted for approval without plat under 186
section 711.131 of the Revised Code, on or before the effective 187
date of this act if the approval of the submitted plat or proposed 188
division is pending on the effective date of this act. 189

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. The regulations shall not	65
be inconsistent with, more stringent than, or broader in scope	66
than standards adopted by the natural resource conservation	67
service in the United States department of agriculture concerning	68
drainage or rules adopted by the environmental protection agency	69
for reducing, controlling, or mitigating storm water runoff from	70
construction sites, where applicable. The regulations shall allow	71
a person who is registered under Chapter 4703. or 4733. of the	72
Revised Code to prepare and submit relevant plans and other	73
documents for review, provided that the person is authorized to	74
prepare the plans and other documents pursuant to the person's	75
registration.	76

(b) If regulations are adopted under division (B)(3) of this	77
section, the board shall specify in the regulations a procedure	78
for the review of the specific effects of a proposed new	79
construction on existing surface or subsurface drainage. The	80
procedure shall include at a minimum all of the following:	81

(i) A meeting at which the proposed new construction shall be	82
examined for those specific effects. The meeting shall be held	83
within thirty days after an application for a building permit is	84
filed or a review is requested unless the applicant agrees in	85
writing to extend that time period or to postpone the meeting to	86
another date, time, or place. The meeting shall be scheduled	87
within five days after an application for a building permit is	88
filed or a review is requested.	89

(ii) Written notice of the date, time, and place of that	90
meeting, sent by regular mail to the applicant. The written notice	91
shall be mailed at least seven days before the scheduled meeting	92
date.	93

(iii) Completion of the review by the board of county	94
commissioners not later than thirty days after the application for	95
a building permit is filed or a review is requested unless the	96
applicant has agreed in writing to extend that time period or	97
postpone the meeting to a later time, in which case the review	98
shall be completed not later than two days after the date of the	99
meeting. A complete review shall include the issuance of any order	100
of the board of county commissioners regarding necessary	101
reasonable drainage mitigation and necessary reasonable	102
alterations to the proposed new construction to prevent or correct	103
any adverse effects on existing surface or subsurface drainage. If	104
the review is not completed within the thirty-day period or an	105
extended or postponed period that the applicant has agreed to, the	106
proposed new construction shall be deemed to have no adverse	107
effects on existing surface or subsurface drainage, and those	108
effects shall not be a valid basis for the denial of a building	109
permit.	110

(iv) A written statement, provided to the applicant at the	111
meeting or in an order for alterations to a proposed new	112
construction, informing the applicant of the right to seek	113
appellate review of the denial of a building permit under division	114
(B)(3)(b)(iii) of this section by filing a petition in accordance	115
with Chapter 2506. of the Revised Code.	116

(c) The regulations may authorize the board, after obtaining	117
the advice of the county engineer, to enter into an agreement with	118
the county engineer or another qualified person or entity to carry	119
out any necessary inspections and make evaluations about what, if	120
any, alterations are necessary to prevent or correct any adverse	121
effects that a proposed new construction may have on existing	122
surface or subsurface drainage.	123

(d) Regulations authorized by division (B)(3) of this section	124
shall not apply to any property that has been approved by a	125
platting authority under section 711.05, 711.09, 711.10, or	126
711.131 of the Revised Code.	127

(e) As used in division (B)(3) of this section, "subsurface	128
drainage" does not include a household sewage disposal system as	129
defined in section 3709.091 of the Revised Code.	130

~~(B)~~(C) Regulations or amendments may be adopted under this	131
section only after public hearing at not fewer than two regular	132
sessions of the board. The board shall cause to be published in a	133
newspaper of general circulation in the county notice of the	134
public hearings, including time, date, and place, once a week for	135
two weeks immediately preceding the hearings. The proposed	136
regulations or amendments shall be made available by the board to	137
the public at the board office. The regulations or amendments	138
shall take effect on the thirty-first day following the date of	139
their adoption.	140

~~(C)~~(D) No person shall violate any regulation of the board	141
adopted under sections 307.37 to 307.40 of the Revised Code.	142

Each day during which an illegal location, erection,	143
construction, floodproofing, repair, alteration, development,	144
redevelopment, or maintenance continues may be considered a	145
separate offense.	146

~~(D)~~(E) Regulations or amendments adopted by resolution of the	147
board do not affect buildings or structures that exist or on which	148
construction has begun on or before the date the regulation or	149
amendment is adopted by the board.	150

~~(E)~~(F) The board may provide for a building regulation	151
department and may employ ~~such~~ personnel asthat it determines to	152
be necessary for the purpose of enforcing its regulations. Upon	153
certification of the building department under section 3781.10 of	154
the Revised Code, the board may direct the county building	155
department to exercise enforcement authority and to accept and	156
approve plans pursuant to sections 3781.03 and 3791.04 of the	157
Revised Code for any other kind or class of building in the	158
unincorporated territory of the county.	159

Sec. 711.131. Notwithstanding sections 711.001 to 711.13 of	160
the Revised Code, a proposed division of a parcel of land along an	161
existing public street, not involving the opening, widening, or	162
extension of any street or road, and involving no more than five	163
lots after the original tract has been completely subdivided, may	164
be submitted to the authority having approving jurisdiction of	165
plats under section 711.05, 711.09, or 711.10 of the Revised Code	166
for approval without plat. If the authority acting through a	167
properly designated representative is satisfied that the proposed	168
division is not contrary to applicable platting, subdividing,	169
zoning, or access management regulations or regulations adopted	170
under division (B)(3) of section 307.37 of the Revised Code	171
regarding existing surface or subsurface drainage, it shall within	172
seven working days after submission approve the proposed division	173
and, on presentation of a conveyance of the parcel, shall stamp	174
the conveyance "approved by (planning authority); no plat	175
required" and have it signed by its clerk, secretary, or other	176
official as may be designated by it. The planning authority may	177
require the submission of a sketch and other information that is	178
pertinent to its determination under this section.	179

Section 2. That existing sections 307.37 and 711.131 and	180
section Sec. 4740.14. of the Revised Code are hereby repealed.	181

Section 3. The provisions of Section 1 of this act regarding	182
surface or subsurface drainage regulations shall not apply to any	183
property for which a plat is submitted for approval under section	184
711.05, 711.09, or 711.10 of the Revised Code, or for which a	185
proposed division is submitted for approval without plat under	186
section 711.131 of the Revised Code, on or before the effective	187
date of this act if the approval of the submitted plat or proposed	188
division is pending on the effective date of this act.	189